Civil Writ - Maintainability of Writ Petition under Article 226 – Judicial Orders by Civil Courts – Scope Limited – Article 227 Jurisdiction Distinguished – The petitioner filed a writ petition under Article 226 challenging a judicial order of the Civil Court – The Hon'ble Apex Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SCC 423, clarified that judicial orders ...
Civil Law - Unstamped and Unregistered Agreement – Admissibility for Injunction – Section 35, Indian Stamp Act – Temporary Injunction Denied – The appellate court rightly set aside the trial court’s order granting a temporary injunction based on an unstamped and unregistered agreement to sell – Such agreements are inadmissible in evidence under Section 35 of the...
Temple Surplus Funds – Utilization for Religious and Charitable Purposes – Non-Compliance with HR & CE Act – The surplus funds of the temple cannot be utilized for purposes beyond those specified in Section 66(1) or Sections 36-A and 36-B of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Held: Construction of a shopping complex does not align with ...
Arbitration – Interim Relief – Security for Disputed Amount – Section 9, Arbitration and Conciliation Act, 1996 – Petitioner sought interim relief to secure Rs. 156.75 crores against Make-Up Gas owed under GSPA, alleging respondents’ inability to supply due to reduced gas production – Respondents claimed non-performance due to Force Majeure (FM) and expiration o...
Civil Procedure – Second Appeal – Jurisdiction Under Section 100 CPC – Substantial Questions of Law Mandatory – Interim Orders Without Framing Substantial Questions Invalid – The High Court granted interim relief directing status quo in a second appeal before framing substantial questions of law – Held: Under Section 100 CPC, a second appeal is maintainable only...
Constitutional Law – Article 32 – Scope and Limitations – Challenging High Court Judgments – Under Article 32 of the Constitution, the Supreme Court does not have the jurisdiction to declare a High Court judgment as illegal. The appropriate remedy lies in filing a review/recall application before the High Court or challenging the judgment under Article 136. (Para 3) &nbs...
Civil Law - Specific Relief Act – Extension of Time for Deposit – Rescission of Contract Denied – Appellants (judgment debtors) challenged the High Court's dismissal of their application under Section 28 of the Specific Relief Act, 1963, seeking rescission of a contract due to the plaintiffs’ (decree holders’) alleged failure to deposit the balance sale considerat...
Election Law – Improper Rejection of Nomination Papers – Judicial Review Barred – Petitioners sought to challenge the rejection of nomination papers for the Sarpanch elections in Punjab, alleging collusion between the Returning Officer and other candidates – Petitioners requested a stay on the election process – The State opposed the petitions, citing Section 89 of th...
Mandatory Injunction – Failure to Prove Ownership and Possession – Suit Dismissed – The appellants (plaintiffs) filed a suit for mandatory injunction seeking removal of a gate installed by the respondents after demolishing a wall, claiming ownership of the suit property – The trial court dismissed the suit, holding that the appellants failed to prove their ownership or poss...
Civil Writ - Right to Protest – Fundamental Rights vs. Reasonable Restrictions – Petitioners sought permission to hold a peaceful rally to protest against an incident at R.G. Kar Medical College and raise public awareness – Authorities denied permission citing public inconvenience and procedural lapses in the application – Court held: Fundamental rights under Article 19 can...
