Commercial Suit – Right to File Written Statement – Application for Review – The appellant's right to file a written statement was closed by the Single Bench due to a delay beyond 120 days as mandated under Order VIII Rule 1 CPC (as amended by the Commercial Courts Act). The appellant argued that the suit was not initially treated as a commercial suit, and the 120-day period ...
Arbitration – Extension of Arbitrator’s Mandate – Application Filed Post-Termination – Consideration of Section 29-A of the Arbitration and Conciliation Act, 1996 – Court holds that it retains the power to extend the mandate even if the application is filed after the statutory timeline for expiry of the mandate – Rohan Builders (India) Pvt. Ltd. Vs. Berger Paint...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Employees’ Compensation – Liability of Principal Employer – Appeal against the award of compensation by the Commissioner Employees Compensation Act (Assistant Labour Commissioner) Doda, in favor of the respondent widow – Appellant contended that the deceased was employed by a contractor, not directly by the appellant – High Court held appellant liable as the principal...
Civil Procedure – Recovery on Promissory Notes – Defendant appealed against trial court’s decree in favor of the plaintiff for recovery of sums due on two promissory notes – Defendant claimed notes were forged and plaintiff lacked capacity to lend – Trial court’s judgment upheld, appeal dismissed – Defendant’s plea that her name was misstated as Saro...
Property Law – Unauthorized Occupation and Eviction – Petitioners’ predecessors were given land on a temporary lease in 1962 on humanitarian grounds after being evicted from Indraprastha Estate – No extension or renewal of lease since 1964 – Petitioners have no title documents – DDA’s consistent stand of possession since 1991 supported by historical record...
Property Law – Declaration of Title – Appeal against the judgment partially affirming the decision of the lower court – Plaintiff sought declaration of right, title, and interest and recovery of possession – Defendant admitted plaintiffs’ ownership of the land but claimed tenant rights – Trial and first appellate courts ruled in favor of the defendant based on l...
Civil Procedure – Joint Trial – Appeal against common judgment – Trial court dismissed suits for rendition of accounts but allowed recovery suit – Appeals filed against recovery judgment alleging improper trial procedure and non-appreciation of evidence – Held, trial not conducted as per CPC, trial court failed to appreciate evidence, order partly set aside and remand...
Electricity Regulation – Limitation – Refund of Excess Charges – Petitioner (MSEDCL) challenged CGRF orders directing refund of excess AEC and FAC charged – Contention that claims were barred by limitation – High Court held that the cause of action arose upon MERC’s clarification order and complaint filed within two years was timely – Regulation 6.6 of MER...
Selection Process – Qualification Marks – Appeal against disqualification of a candidate for the post of City Manager – Appellant challenged High Court’s ruling that the respondent met the minimum qualifying marks – Supreme Court affirmed High Court’s decision, holding that the minimum qualifying marks should be interpreted as relating only to the written examin...