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 ...
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...
Easement by Grant – Right of Way – Extent of Pathway – Pathway described in the Will of the testator – Dispute over width and location of the pathway – Trial court limits the pathway width to 3 feet – First Appellate Court expands it to 6 feet – High Court finds lack of substantial evidence for both determinations – Concludes width of pathway to be 1...
Civil Appeal – Termination of service – Grant of back wages – Appellant-State challenges the judgment allowing the respondent's appeal against the termination of his services – Respondent's services were terminated without following proper procedure – Trial Court set aside the termination but declined to grant back wages – First Appellate Court granted b...
Commercial Dispute – Recovery of Payments – Appeal against Commercial Court’s decree ordering appellant to pay ₹8,49,385 with 18% p.a. interest from the date of suit filing for goods supplied to appellant – Dispute involves recovery of payments for 2500 T-shirts supplied under invoice dated 30.06.2018 (Ex.PW-1/2A) – Appellant challenges correctness of transactions, ...
Writ Petition & Subject Matter – Petition filed against the order by Commissioner, Revenue Division District Ujjain, which petitioners claim to be illegal under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act 1976 – Sought for quashment and other consequential reliefs. [Para 2]
Prior Proceedings & Remand – Initial writ petition allowed, influence...
Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]
Background to the Dispute – Prev...
Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - Th...
Criminal Revision Petition – Appeal against judgment of acquittal – State aggrieved by acquittal of the respondent/accused for offences under Sections 504, 324, 498A, and 506 of IPC – Grounds for challenging the acquittal presented – Jurisdictional issue regarding the maintainability of the appeal discussed – State’s appeal under Section 372 of Cr.P.C. held to b...
Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive ...