Arbitration – Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 – Appointment of Arbitrator – Group of Companies Doctrine – Scope of Court's powers at referral stage under Section 11(6) – Prima facie determination of arbitration agreement – Non-signatory respondent – Referral of complex issues to arbitral tribunal for final ...
Contract Law – Blacklisting – Proportionality – Blacklisting of a contractor by a government body is a serious and drastic measure that has severe consequences – The appellant was blacklisted by the Kolkata Municipal Corporation for non-payment of dues and alleged non-performance of contractual obligations – The High Court's Division Bench upheld the blacklisting,...
Promissory Note – Forgery Allegation – Expert Testimony – The appellant challenged the trial court's decision, claiming that the promissory note (Ex.A1) was forged. The respondent/plaintiff argued that the promissory note was a genuine document consolidating earlier debts. The handwriting expert (DW2) testified that Ex.A1 was not signed by the defendant, and the expert’...
Civil Procedure – Rejection of Plaint under Order VII Rule 11(d) – Suit for injunction based on agreement for sale – Applicants (Defendants) sought rejection of the suit for perpetual injunction filed by the Respondents (Plaintiffs), on the ground that the Plaintiffs had no legal title to the suit lands. The Defendants argued that without a sale deed, the plaintiffs' possessi...
Parole – Grounds for Granting – Convict sought parole to arrange finances and bid farewell to his son departing for higher studies abroad – Authorities rejected application citing pendency of appeal – High Court held pendency of appeal not a valid ground to deny parole – Rule 18 of Prisons (Bombay Furlough and Parole) Rules, 1959, interpreted to allow parole for signi...
Constitutional Law – Delegation of Powers – Validity of Rule 18 of Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 – Petitioners challenged Rule 18 of the Rules on the ground that the delegation of powers to Revenue Divisional Officers (RDO) to issue Occupancy Rights Certificates (ORC) under Section 10 of the Act is unconstitutional. The petitioners contended that ...
Tender Process – Judicial Review – Kerala High Court quashed the award of tender due to preferential treatment: Challenge to the award of a tender by the Thrissur Municipal Corporation to the sixth respondent. The petitioner, the only technically qualified bidder initially, argued that the fifth respondent unlawfully granted the sixth respondent additional time to submit required docum...
Consumer Law – Deficiency in Service – Real Estate Dispute – The appellant sought a refund for failure by the Agra Development Authority (ADA) to provide possession of a residential apartment due to construction deficiencies, including the absence of a completion certificate and firefighting clearance. The NCDRC granted a partial refund but limited interest to the date of filing ...
Hindu Law – Partition – Joint Family Property – Self-acquired property – The appellant sought partition of the family property, asserting certain properties (Ex.A6 to Ex.A9) were self-acquired. The Court ruled that these properties were part of the joint family assets. It was held that the burden of proving a property is self-acquired lies with the party claiming it as such...
Constitutional Law – Compensation for Violation of Article 21 – High Court's Jurisdiction under Article 226 of the Constitution – Claim for compensation for the death of the petitioner’s husband due to electrocution – Petitioner sought ₹50 lakhs from BSES Yamuna Power Ltd. (BSES) and the Government of NCT of Delhi under Article 226 for alleged violation of funda...