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 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 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...
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...
Service Law - Liberalised Family Pension – Classification of Death – Army Order 1 of 2003 – Appeal Dismissed - The respondent sought Liberalised Family Pension after her husband's death, initially classified as a 'battle casualty' but later changed to 'physical casualty.' The Tribunal found the death occurred due to extreme climatic conditions during Operation...
Income Tax – Exemption – Assessee, a charitable trust, transferred Rs. 20 crores of accumulated income to its Trust Fund Account and used it to make corpus donations to other charitable trusts – Assessing Officer (AO) denied exemption on this amount, treating it as deemed income under Sections 11(3)(c) and 11(3)(d) – ITAT allowed exemption under Section 11(1) for 15% of dee...
Civil Procedure – Grant of Leave Under Section 92 CPC – Judicial or Administrative Order – The petitioners challenged the grant of leave by the Principal District Judge for filing a suit under Section 92 of CPC, arguing that the respondents failed to demonstrate sufficient interest in the trust – Held: The court examined the nature of orders under Section 92 CPC and held th...
Amendment of Written Statement – Order VI Rule 17 CPC – Petitioner sought to amend the written statement to include new facts and explanations regarding the execution of the Agreement to Sell (ATS) – Trial Court dismissed the amendment application, noting the completion of pleadings and advanced stage of trial – High Court upheld Trial Court's decision, citing the propo...
Temple Administration – Election of Managing Committee – Functus Officio Doctrine – Orders Modified - The appellants challenged the High Court's decision to remove the elected Executive Committee and appoint an unelected committee. The Supreme Court held that the High Court became functus officio after disposing of the original RFA and lacked jurisdiction to entertain subsequ...