Consent Decree – Mesne Profits – Correction of Typographical Error – Appeal against the High Court's order held that the mesne profits payable are to be increased by 10% every year – The Trial Court awards a 10% increase only on each alternate year i.e. 01.04.2011, 01.04.2013, 01.04.2015, and so on – The original terms of the license agreement between parties also...
Civil Procedure – High Court's Power in Second Appeals – Section 100 CPC – Section 103 CPC – High Court's duty to either remand the matter or decide issues of fact when lower appellate courts have failed to properly determine them – High Court erred in mechanically upholding trial court judgment without proper assessment of evidence – Case remanded for f...
Pre-deposit Requirement – Waiver – Recovery of Debts Act – The High Court does not have the power to waive the pre-deposit requirement under Section 21 in its entirety – The provision mandates a pre-deposit of fifty percent of the debt due, which can be reduced to not less than twenty-five percent for reasons recorded in writing – The High Court’s order of total...
Medical Education – Eligibility Criteria – Equivalence Certificate – The requirement for equivalence in qualification is not limited to the level of a 10+2 requirement but extends to the ‘standard and scope’ of the examination, ensuring that candidates have studied Physics, Chemistry, and Biology including practical tests in these subjects along with English – E...
Delay in Reasoned Judgments – Violation of Article 21 – Operative orders pronounced without accompanying reasoned judgments prejudice the rights of aggrieved parties and impede their ability to seek legal remedies – Delay in delivering judgments violates Article 21 of the Constitution of India – NCDRC directed to ensure that reasoned judgments are passed along with operativ...
Trade Marks Act – Functioning Without Chairperson – Sustainability – Technical members of the IPAB can function in the absence of a Chairperson – Section 87 enables the senior-most member to act as Chairperson in the event of a vacancy – Technical members, holding legal qualifications and practical legal experience, can adequately function in the Board’s operati...
Partition Suit – Transfer of Suit – The partition suit pending in the Additional District Judge Saket Court, New Delhi is sought to be transferred to a competent court in Nainital, Uttarakhand – Original suit filed in 2012, later transferred in 2016 – Written statement filed by the petitioner without requiring letters of administration – Petitioner’s subsequent ...
Civil Procedure – Auction Sale – Fraud and Misrepresentation – Allegations of fraud must be specifically pleaded and proved with evidence – Mere allegations without substantiation are insufficient – High Court erred by not following proper procedures under Order XLI Rules 27, 28, and 29 CPC in calling for additional evidence on fraud without setting aside the executin...
Mutual Fund Regulations – Winding Up of Schemes – Unitholder Consent – Regulation 18(15)(c) requires consent of the unitholders for winding up a mutual fund scheme – Consent by majority of the unitholders who participate in the poll is sufficient, not the consent of the majority of all unitholders of the scheme [Paras 6-9, 16-18].
Interpretation of Consent – Practi...
Election Law – Judicial Review – Article 226 – Power of High Court – Petitioners challenged rejection of nomination papers by the Election Returning Officer without furnishing rejection orders – Court held power of High Court under Article 226 is available where it subserves the progress of election, facilitates its completion, and furthers the election process &ndash...