Amendment of Written Statement – Subsequent Events – Tenants sought to amend their written statements during the pendency of their rent appeals to bring on record subsequent events that allegedly negated the landlord's bona fide necessity – The applications for amendment were filed four years after the subsequent events and were dismissed by the Appellate Authority, leading t...
Execution of Decree – Bonafide Purchasers – The appellants, claiming to be bonafide purchasers of flats constructed on the disputed plot, objected to the execution of the decree, arguing they were not parties to the original suit – The court dismissed their objections, holding that the appellants acquired the property during the pendency of the suit, making the transfers subject ...
Civil Law – Permanent Injunction – Maintainability of Suit – Grant of Land – Ownership in Question – Plaintiff's Suit Dismissed
Permanent Injunction – Suit Without Declaration – The plaintiff-Mutt sought an injunction to restrain the defendant-Mutt from interfering with its pooja and aradhana at the Brindavana of Sri Narahariteertharu, located on go...
Trademark Infringement – No Deceptive Similarity – "BundlePe" & "LatePe" Not Confusingly Similar to "PhonePe" – Plaintiff alleged that defendants' marks "BundlePe" & "LatePe" were deceptively similar to "PhonePe" and likely to confuse consumers – Held: The word "Pe" is not inherently distincti...
Rent Law - Eviction Proceedings – Ex Parte Order – Procedural Irregularities – The Rent Control Court passed an eviction order without assessing the merits of the case – The ex parte nature of the proceeding does not relieve the court from its duty to examine the sufficiency of the evidence – Held: The eviction order was mechanically passed solely because the evidence...
Condonation of Delay – Section 5 of Limitation Act – Litigant’s duty to be vigilant – Appellants sought condonation of delay of 565 days in filing the appeal, alleging professional misconduct of their previous counsel – Held: Mere blaming of counsel without taking any action against them is insufficient to establish sufficient cause for condonation of delay – Li...
Labour Law - Industrial Disputes – Wrongful Termination – Compensation Instead of Reinstatement – Whether Justified – Held: Yes – The respondent was employed as a bus driver from 05.03.2002 but was terminated on 09.09.2012 without notice – The petitioner claimed voluntary abandonment, citing a full and final settlement of ₹30,000 – The Labour Court found...
Eviction Notice - Town Planning – Eviction Under MRTP Act – Rights of Tenants in Redevelopment – Petitioners, long-term occupants of commercial premises, challenged their eviction due to road widening – The Court reiterated that tenants do not have the right to challenge eviction notices under the MRTP Act; only the landlord (owner) can challenge such actions – Held: ...
SARFAESI Act – Maintainability of Writ Petition – Exhaustion of Alternative Remedies Required - The petitioners, challenging the DRT’s order denying stay on asset possession, argued that procedural lapses warranted court intervention. However, the court highlighted the SARFAESI Act’s self-contained remedy structure, requiring petitioners to exhaust statutory avenues before ...
Permanent Injunction – Co-sharers – Right to Possession – Encroachment – Plaintiffs, a registered management committee, claimed exclusive possession of the suit property and sought a permanent injunction against Defendant No.1 from interfering in its management, possession, and structures – Defendant No.1 argued that the plaintiffs had encroached upon public land &nda...