Execution of Decree – Dismissal for Default – Second Execution Petition – High Court held second execution petition not maintainable due to dismissal of first petition for default and lack of transfer under Section 39 CPC – Supreme Court overturned, stating mere dismissal for default does not preclude fresh execution petition if within limitation period – Second execu...
Trademark Rectification – Application for cancellation of respondent's mark ‘POMA-EX KIWKHEAL’ under Sections 47 and 57 of the Trade Marks Act, 1999 – Mark registered post injunction against respondent's earlier packaging – Consideration of distinctive aspects of petitioner's and respondent's packaging and trademarks – Application focused on new ...
Education – Admission to Postgraduate Dental Course – Appeal against High Court’s decision quashing cancellation of admissions – Students admitted by private institutions after the official deadline and without informing the Directorate – Supreme Court held that such admissions were illegal and violated prescribed procedures – The last date for admissions was 31...
SARFAESI Act – Typographical Error – Auction Validity – High Court set aside e-auction sale due to a typographical error in the property description (Door No. 12-3-393 instead of 12-3-39) – Supreme Court held typographical error inconsequential as no prejudice was caused – Full property description with boundaries provided – Auction process upheld [Paras 13, 35-...
Service Benefits – Pensionary Benefits – Appeal against the grant of pensionary benefits to Commission Vendors/Bearers in Northern Railway – High Court directed counting 50% of their service before absorption for pensionary benefits – Union of India contended that such benefits should not be granted as Commission Vendors/Bearers do not have the same status as casual laborer...
Income Tax – Deduction under Section 80-IB – Eligibility – Assessee manufacturing polyurethane foam used as car seats – Claimed deduction under Section 80-IB – Assessing Officer, CIT(A), and High Court denied deduction, classifying product as polyurethane foam under Eleventh Schedule – Tribunal's favorable ruling for assessee overturned – Supreme Court...
Micro, Small and Medium Enterprises Development Act – Arbitration – Jurisdiction – Dispute resolution – Independent arbitration agreements and statutory rights under MSMED Act – Appeals challenging the jurisdiction of the Facilitation Council under MSMED Act despite the existence of independent arbitration agreements between the parties – Supreme Court held that...
SARFAESI Act – Bar on Civil Court Jurisdiction – Suit for recovery of damages/compensation – Plaintiff claimed damages for receiving less area than paid for – Suit not barred by Section 34 of the SARFAESI Act as it did not challenge the sale/sale certificate but sought compensation for less area received – High Court erred in holding suit barred by Section 34 [Paras 5...
Land Acquisition – Delay – Condonation and Compensation Enhancement – High Court condoned 22-year delay and enhanced compensation to Rs. 149 per sq. yard – Supreme Court upheld the compensation but exempted NOIDA from liability for statutory benefits and interest during the delayed period – Delayed statutory benefits would impose a financial burden and increase projec...
Second Appeal – Suit for declaration of mortgage redemption and right title interest – Appeal against the judgments of Trial Court and First Appellate Court dismissing the suit – Dispute over a property claimed to be a mortgage by the plaintiff and a sale by the defendant – Bar under Section 92 of the Indian Evidence Act prohibiting admission of oral evidence to contradict ...