Contract Law - Exclusive Jurisdiction Clause – Interpretation of Contractual Jurisdiction Clauses – Clause 13(b) of the ISDA Agreement conferred exclusive adjudicatory jurisdiction to the High Court of Mumbai – Held: The clause was valid and binding on the parties, as it was neither void under Section 23 of the Indian Contract Act nor contrary to public policy – A jurisdict...
Property Law – Declaration and Permanent Injunction – Suit for declaration of title and permanent injunction against defendants obstructing possession – Plaintiff traced title through sale deeds dating back to 1952 – Defendants contended joint ownership and lack of partition among family members – Both lower courts ruled in favor of plaintiff based on continuous posse...
Land Assignment and Patta Validity – Irregularities and Fraudulent Transactions – Petitioners challenged the cancellation of their thandaper accounts by the Tahsildar, contending they purchased the land from legitimate pattadars after due diligence – High Court upheld the cancellation, citing procedural irregularities and fraudulent actions in the issuance of the original patta &...
Contract Law – Revival of Terminated Contract – Petition challenging the revival of a contract that had been terminated by the awardee – The High Court held that a contract, once terminated after due process, cannot be revived by the awardee or any authority other than the Appellate Authority or the Court – Directions issued for fresh tender process [Paras 1-96]. Adminis...
Labour Law - Jurisdiction of Labour Court - Minimum Wages Act vs. Industrial Disputes Act - The petitioner challenged the Labour Court’s direction to pay differential minimum wages to a workman engaged through a contractor, arguing the Labour Court lacked jurisdiction under Section 33-C(2) of the Industrial Disputes Act to determine disputed wage claims. Held: The Minimum Wages Act provides ...
Hindu Succession Act – Coparcenary Rights – Plaintiffs, daughters of the deceased Murugan, claimed coparcenary rights in the ancestral properties – Defendants contended that the properties were self-acquired by D1 – High Court held that all the suit properties are ancestral and plaintiffs are entitled to coparcenary rights by birth under the Hindu Succession (Amendment) Act...
Selection of Melsanthies – Non-Compliance with Court Orders – Eligibility Criteria for Selection – The petition raised issues concerning the selection process for the appointment of Melsanthies at Sabarimala and Malikappuram temples – The court observed that the Travancore Devaswom Board permitted candidates to submit fresh experience certificates, contrary to earlier court...
Transfer Policy – Interference by Tribunal – Assessment of Norms – Government formulated transfer policy to address teachers' grievances for posting in home stations, prioritizing teachers wishing to return to their home stations for at least five years – Tribunal's order in O.A.No.1019/2017 striking down total restriction on teachers from outstation transfer challe...
Income Tax – Assessment Order – Natural Justice – Petitioner challenged the assessment order dated 7th March 2024 and the demand notice issued under the Income Tax Act – Contended that the assessment was based on evidence from third parties without allowing the petitioner to cross-examine them – Court observed that the petitioner had responded to the notices and parti...
Administrative Law – Tender Process – Judicial Review – Rejection of Bid – Petitioner challenged the rejection of its bid for selection as Mine Developer and Operator (MDO) by HPGCL, alleging arbitrary and unjust decision-making – The petitioner, a Joint Venture Company, was declared non-responsive due to not meeting the "Direct Holding Requirement" – ...
