Civil Law – Summary Suit – Leave to Defend – Denial – Appellants (husband and wife) challenged the dismissal of their application for leave to defend a summary suit under Order XXXVII CPC filed by the respondent for recovery of ₹7,77,500/- with interest – Trial Court denied leave to defend on the grounds that appellants admitted availing the loan, executing a loan a...
Service Law - Recruitment Policy – Prescribing Qualifications – Role of Employer – Judicial Restraint – The determination of eligibility criteria, including minimum qualifications for a post, lies exclusively within the domain of the employer. Courts cannot interfere with recruitment policies or expand the ambit of prescribed qualifications through judicial interpretation. ...
Civil Law – Accident Claim - Negligence in Driving – Proof of Rash and Negligent Driving – Compensation Awarded – The appellant argued that the accident occurred due to a blue cow crossing the road, which was beyond the driver’s control. However, the Court held that the bus was being driven rashly and negligently at high speed during nighttime, as corroborated by an e...
Service Law – Regularization of Service – Appointment on Casual Basis – Denial Upheld – Appellant appointed on a no-work-no-pay basis later absorbed in a regular pay scale as a temporary driver – Increment and allowances ceased in 2010 upon audit objections regarding irregular appointment – Court held: Appellant not appointed against a sanctioned post, no prior ...
Service Law – Permanent Commission – Discrimination – Appellant, a Short Service Commissioned (SSC) officer in the Army Dental Corps, was denied a third chance for permanent commission due to amendments to age relaxation policies introduced in 2013 – Appellant sought parity with other officers granted permanent commission by Armed Forces Tribunal (AFT), Principal Bench, in ...
Arbitration - Maintainability of Appeal – Section 37(2)(a), Arbitration Act – Procedural Orders Not Appealable – Appeal Dismissed - The Appellant sought relief under Section 37(2)(a), asserting that the rejection of its Counter-Claim by the Sole Arbitrator amounted to declining jurisdiction – Held: Procedural orders, including refusal to condone delay in filing a Counter-Cl...
Impleadment of Additional Defendants – Criteria – Plaintiff's failure to substantiate claims of proposed defendants' rights over the property – Mere information without supporting evidence insufficient – Impleadment application rightly dismissed by Munsiff's Court [Paras 2-4].
Removal of Advocate Commissioner – Grounds – Plaintiff’...
Civil Procedure Code – Territorial Jurisdiction – Specific Performance of Contract – Suit involving immovable property located outside the jurisdiction of Delhi High Court – Proviso to Section 16 CPC held inapplicable – Plaintiff required to file suit in appropriate jurisdiction – Supreme Court dismissed SLP and upheld High Court order returning plaint for prese...
Commercial Law – Additional Documents in Commercial Suit – Trial court allowed respondent’s application to bring additional documents on record under Order XI Rule 1(5) CPC – Petitioner challenged on grounds of procedural error and irrelevance of documents – High Court found procedural lapses in trial court’s order, noting lack of urgency and sufficient time to ...
Impleadment of Parties – Necessary and Proper Parties – Petitioners challenged the impleadment of opposite party No. 14 in a partition suit, arguing the party had no direct interest in the suit after an order of amendment was passed – Trial Court allowed the addition of opposite party No. 14, finding their presence necessary for complete adjudication – High Court upheld the...