Arbitration – Appointment of Arbitrator – Parties agreed on existence of arbitration agreements – Disputes arose under Construction Management Agreements – Respondents denied arbitrable dispute under said agreements, claimed it arose under Share Purchase Agreements – Supreme Court held disputes fell under CMAs' arbitration clauses – Narrow scope of review un...
Constitutional Law – Articles 14 and 16 – Educational Qualifications – Classification – Circular issued by Kolkata Municipal Corporation prescribing separate conditions for diploma and degree holders for promotion to supernumerary Assistant Engineer posts – Supreme Court upheld the classification as reasonable and in line with past promotion practices – Distingu...
Civil Procedure Code – Rejection of Plaint – Order VII Rule 11 – Court’s Power – Power to reject a plaint is drastic and must be exercised in clear cases where the plaint fails to disclose a cause of action or is barred by law – Plaintiffs sought declaration of entitlement to firm’s assets and dissolution of firm – High Court rejected plaint for lack...
Service Law – Misuse of Service Weapon – Departmental Proceedings – Respondent dismissed for firing service weapon causing death and injury – Acquitted in criminal trial due to lack of evidence – Reinstated but later faced departmental inquiry – Evidence from departmental witnesses confirmed misuse of official weapon – High Court’s reinstatement orde...
Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....
Service Law – Change of Date of Birth – Delay and Laches – Application for change of date of birth in service records must comply with relevant statutory provisions – Karnataka State Servants (Determination of Age) Act mandates application within three years from date of birth recording or within one year from Act commencement – Employee's application made 24 year...
Customs Act – Mis-declaration of Goods – Anti-dumping Duty – Show cause notices alleged mis-declaration of imported goods as 'Lutex – 701' and 'Lutex – 780' – Tests revealed goods were SBR of 1900 series – Tribunal set aside anti-dumping duty demand – Supreme Court found Tribunal's findings contrary to record – Goods liable ...
Coal Mines (Special Provisions) Act – Section 11 Interpretation – Successful allottee's discretion – Supreme Court held successful bidder has complete freedom to adopt or reject existing contracts related to coal mining operations – No obligation to continue with prior contracts unless elected – Statutory provision prevails over any conflicting contractual clause ...
Doctrine of Estoppel – Acquiescence – Section 33 of the Trade Marks Act – Requirements for Acquiescence – Held, Section 33 of the 1999 Act is based on the doctrine of estoppel – To apply, the subsequent user must be a proprietor of the same registered trade mark, acquiescence by the previous proprietor must be for a continuous period of 5 years, and the earlier propri...
Arbitration – Extension of Time – Arbitrator's Mandate – Sole Arbitrator continued arbitration proceedings and passed the award within the extended period – High Court set aside the award citing misconduct as Arbitrator continued post-retirement – Supreme Court held Arbitrator's mandate valid until proceedings conclude, absent contrary provision – Extens...