Tenancy Law – Period of Tenancy – Dispute over duration – Plaintiff claimed tenancy continued beyond 31.03.2017 – Defendants asserted surrender on that date – Court held that implied surrender was established under Section 111(f) of Transfer of Property Act – Finding based on tender of surrender letter, affixation of notice, and shifting of office to new premise...
Mining Law – Vehicle Seizure – Authorized Officer – Seizure upheld – Petitioner challenged seizure of Tata Signa Hyva truck on the ground that it was illegally seized by the Tahasildar – Held: Though the raid was supervised by the Tahasildar, the seizure was carried out by a Sub-Inspector of Police, a competent authority under Rule 51(1)(ii) of the OMMC Rules – ...
Civil Procedure – Appointment of Local Commissioner – Order XXVI Rule 9 CPC – Discretion Misapplied – Petitioner filed suit seeking permanent injunction against obstruction of passage and requested appointment of Local Commissioner to inspect and report factual position – Trial Court rejected request stating it was an attempt to collect evidence – Held: Commissi...
Civil Law – Specific Performance – Interim Injunction – Reversal Upheld – Plaintiff-petitioner filed suit for possession based on agreement to sell, alleged earnest money paid and possession delivered – Trial Court granted interim injunction restraining alienation of land – Appellate Court reversed the order noting lack of prima facie evidence, disputed signatur...
Trademark Law – Interim Injunction – 'TESLA' Mark – Plaintiff (Tesla Inc.) sought injunction against Defendants (Tesla Power India Private Limited & Ors.) for using 'TESLA POWER' / 'TESLA POWER USA' marks for batteries and EVs – Held: Plaintiff established prior user, overwhelming goodwill, trans-border reputation, and likelihood of confusion; De...
Criminal Law - Corruption Case – Demand and Acceptance – Section 7 and Section 13 of the Prevention of Corruption Act – Conviction set aside – Acquittal - Accused challenged the conviction for demanding and accepting a bribe of ₹3,000 in relation to granting a temporary electricity connection – The Court noted serious discrepancies including the complainant’s ...
Consumer Law – Dismissal for Non-Prosecution – Restoration – Writ Jurisdiction – Complaint filed before State Consumer Commission dismissed for non-prosecution – Single Judge set aside dismissal relying on Sections 38(2)(c) and 49 of Consumer Protection Act, 2019, holding the Commission was bound to decide on merits even in absence of complainant – Held: Single ...
Insolvency Law – IBC - Moratorium under Section 14 – Scope – Corporate debtor (developer) failed to commence or complete redevelopment project despite multiple extensions – Society terminated the Development Agreement and executed new agreement with another developer prior to initiation of second CIRP – Held: Section 14 does not protect development rights already term...
Civil Law - Order 38 Civil Procedure Code (CPC) – Attachment Before Judgment – Fraudulent Transfer – Registered sale deed executed prior to institution of suit – Held: Attachment before judgment under Order XXXVIII Rule 5 CPC cannot extend to property already transferred before the suit – Attachment is a protective mechanism, not a tool to defeat completed transaction...
Arbitration – Substitution of Parties – Order XXII Rule 10 CPC – Assignment and Settlement Agreements – NHAI sought substitution by IL&FS Transportation Networks Ltd. (concessionaire) in ongoing arbitration with CFM Asset Reconstruction Pvt. Ltd. (assignee of senior lenders) – Arbitral tribunal rejected application noting claimant was not a party to Settlement Agr...