Civil Suit for Injunction – Rejection of Plaint – Jurisdiction under Order VII Rule 11(a) and (d) of CPC – Defendants sought rejection of plaint on various grounds – Challenge to maintainability of a simpliciter suit for injunction without seeking relief of declaration of title – Applicability of principles of estoppel – Challenge to plaintiff’s claim base...
Civil Procedure - Appointment of Receiver - Appeal against trial court order allowing application under Order 40 Rule 1 read with Section 151 C.P.C. – Trust created by will deed dated 25.02.1925 - Dispute over the nature of trust as public or private - Trial court appointed receiver due to mismanagement and misappropriation of trust funds by appellant – Held, no urgency or adequate rea...
Minority Rights in Education – Allocation of PG Seats – Petitioner College Allegation – Held – Disproportionate allocation of PG seats to Petitioner College by Delhi University arbitrary – Rights under Article 30(1) not hindered by University’s regulations – DU directed to ensure proportionate seat allocation and consider framing guidelines for seat alloca...
Tenancy Law - Grounds for Eviction – Requirement of Accommodation – Held – Landlord's bona fide requirement for accommodation substantiated by detailed familial needs, including health conditions and living arrangements of children. Tenant's challenge based on landlord's ownership of other properties dismissed due to lack of specificity and credible evidence. [Paras 2...
Civil Procedure Code – Jurisdiction – Suit for defamation against news channel – Jurisdiction of High Court questioned – Appellant alleged that news channel telecasted false and damaging news reports about respondent cricketer – High Court’s order declining transfer of suit to subordinate court challenged – Forum non conveniens considered – High Cour...
Background and Appeals – Cross-appeals filed by M/s Oravel Stays Pvt. Ltd. (OSPL) and Nikhil Bhalla (NB) against the order of the learned Commercial Court rejecting OSPL's application to refer the dispute to arbitration under Section 8 of the A&C Act - Both parties challenge aspects of the judgment related to the existence and scope of the arbitration agreement under the Marketing an...
Petitioner's Challenge to Reduction in Pensionary Benefits – Special Increments – Nature of Increments Contested – Special Increments Withdrawn after Retirement – Legal Notice Sent – Withdrawal Justification Questioned. [Para 1-5]
Nature of Increments – Petitioner Claims Promotional Increments – State Disputes and Labels Them as Special Increments &...
Anti-enforcement action – Plaintiff seeks injunction to restrain enforcement of anti-suit permanent injunction order issued by High Court of Singapore – Plaintiff contends that disputes of oppression and mismanagement under Indian law are non-arbitrable – Urgency due to imminent arbitration proceedings. [Para 1-22]
Jurisdiction - Exclusive jurisdiction of NCLT for di...
Counter-Claim Compliance: Omissions in the counter-claim – Whether minor omissions in fulfilling the requirements while filing the counter-claim are grounds to non-suit the counter-claim plaintiff at the first or second appellate stage? – Legal requirements for filing a counter-claim as mandated under Order VIII Rule 6A and 6B of CPC clarified – Omissions in the form and content ...
Taxation Law – Definition of Purchase Price under UPTTA, 1948 – Review Application filed by Commissioner of Trade Tax against the High Court's decision favoring Tata Steel Ltd. – Dispute over inclusion of MODVAT credit in the purchase price for trade tax purposes – High Court dismissed the review application, reiterating limited grounds for review under Order 47 Rule 1 ...