Civil Procedure – Non-filing of Written Statement – Defendants failed to file written statement despite court orders – Case proceeded as undefended suit due to non-compliance [Paras 1-2].
Property Ownership and Tenancy – Plaintiff established ownership of multiple properties constituting “Karnani Mansion” – Plaintiff’s right to issue car parking s...
Public Contracts – Non-payment for Completed Work –
Petitioner’s claim for Rs. 68.50 Lakhs for completed road construction from Chowkian to Sarotha upheld – Administrative approval and completion certificate issued – Respondents withheld payment citing lack of “Technical Sanction” and non-adherence to tendering process – Court found objections unj...
Tenancy and Possession – Recovery of Premises – Plaintiff company, lawful tenant of the suit premises, sought recovery of possession from defendants – Defendant No.1 initially permitted temporary occupation but failed to vacate as promised – Defendant No.1 inducted third parties into premises without authority – Court held that plaintiff entitled to recovery of posses...
Arbitration – Challenge to Award – Interest on Claims – VAT Claims – Challenge under Section 34 of the Arbitration and Conciliation Act against an award allowing claims for unsupplied items and VAT components – Held that the arbitrator acted beyond jurisdiction by granting claims contrary to contractual terms – Clause 15.4 of the tender document precluded any in...
Civil Procedure – Rejection of Plaint – Jurisdiction of Civil Court – Appellants sought permanent prohibitory injunction against interference with possession of suit land declared as evacuee property – Trial court rejected plaint citing lack of jurisdiction under J&K State Evacuees’ (Administration of Property) Act, Svt. 2006 – Rejection upheld by First Appe...
Civil Procedure – Addition of Parties – Petitioners challenged the order of the Appellate Court allowing the application under Order 1 Rule 10(2) read with Section 151 CPC for addition of parties – Contention that the Appellate Court did not properly consider the facts and circumstances – Petitioners argued the order was passed mechanically without due inquiry – High ...
Restitution of Conjugal Rights – Validity of Marriage – Appeal challenging the Family Court's decree for restitution of conjugal rights in favor of the respondent – Appellant contended that no marriage took place and that the respondent's claims were fabricated – Respondent provided evidence of marriage through testimonies and documents – Trial court found the...
Caste Certificate – Provisional Admission and Employment – Petitioner admitted to M.B.B.S. and M.D. courses based on provisional caste certificate – Caste claim invalidated by Scrutiny Committee – Petitioner completed courses and was appointed as Medical Officer – Petitioner sought protection of education and employment – High Court dismissed the petition, citin...
Constitutional Law – Reservation Policy – Affirmative Action – The High Court of Patna examined the constitutionality of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, which enhanced reservation...
Pension and Gratuity – Withholding of Retirement Benefits – Rule 43(b) and 43(c) of the Bihar Pension Rules, 1950 – Petitioner retired without any pending departmental or criminal proceedings – Withholding 10% of pension and gratuity deemed illegal in absence of such proceedings – Writ petition allowed directing respondents to pay withheld amounts [Paras 2-19].
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