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 ...
Civil Procedure Code – Section 80(1) – Mandatory Nature and Waiver – Provision for statutory notice under Section 80(1) of the CPC is mandatory but can be waived by defendants – Held: Where defendants fail to object to non-service of notice in their written statement or during trial, they are deemed to have waived the requirement – Suit maintainable in such cases [Par...
Recreational Activities – License Requirement – Petitioner club sought exemption from licensing for skill games like chess, rummy, and carom – Court directed installation of CCTV cameras and issuance of identity cards to members – Emphasized compliance with statutory regulations and prevention of unlawful activities – Petition disposed of with conditions to ensure law...
Service Law – Superannuation – Applicability of Revised AICTE/UGC Regulations – Appellant, Director at CSI Institute of Technology (CSIIT), contested his retirement at sixty years of age, citing amended AICTE/UGC regulations that raised the age of superannuation for teachers to sixty-five years – High Court dismissed his Writ Petition, affirming sixty years as the retiremen...
Civil Law - Stay of Subsequent Suit – Application of Section 10 CPC – Doctrine of Res Sub Judice – The petitioners challenged the trial court's order staying the subsequent suit under Section 10 CPC, contending that the two suits were based on different causes of action and sought different reliefs – The Court held that the core issue in both suits pertained to the owne...
Adoption under Muslim Personal Law – Non-Recognition of Adoption – Petition dismissed – Petitioners, a Muslim couple, sought registration of an adoption deed under the Registration Act, 1908 – Court held that Mohammedan Law does not recognize adoption as a mode of filiation – Adoption, where valid, must adhere to regulations under the Juvenile Justice (Care and Protec...
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...
Eviction – Admission of Notice to Quit – Judgment on Admission Upheld – The Trial Court passed an eviction decree under Order XII Rule 6 CPC based on the defendant’s written statement admitting receipt of a notice to quit dated January 17, 2019 – Held: The admission regarding receipt of notice was unambiguous, satisfying the conditions for granting eviction under Orde...
Service Law – Temporary Appointments – Right to Continuation – Petitioners, employed as primary teachers on a temporary consolidated pay basis, challenged the discontinuation of their services and the issuance of a fresh advertisement for temporary appointments – Court held that replacing one set of temporary teachers with another without regular recruitment violates princi...
Maintainability of Public Interest Petition – Parallel Civil Litigation – Petitioners filed a PIL alleging encroachment of a historic public road while disputes over the same subject were pending in civil courts – Decision: PIL dismissed as the matter pertains to private rights and cannot be entertained under public interest jurisdiction [Paras 15-17].
Public Interes...