Auction Sale – Rule 60, Second Schedule, Income Tax Act – Recovery of Debts – The right to set aside an auction sale under Rule 60 is a valuable right for the judgment debtor to save his property – Mistake by Recovery Officer in specifying exact amount payable cannot prejudice the debtor’s right – Substantial compliance with Rule 60 must be considered if debtor ...
Unconditional Stay on Arbitral Award – Granting – Arbitration Petition for Exclusive Marketing Agreement – Arbitrator awarded damages without proof of actual loss, contradicting settled law – Court finds award perversely and patently illegal, granting an unconditional stay. [Paras 1-37]
Principles of Damages in Contractual Breaches – Applicability and Pro...
Selection Process – Award of Marks for Experience – Appellant contested the denial of marks for prior experience as a daily wager – High Court failed to consider the merits of this plea – Specific challenge was against the Selection Committee's decision – High Court should have adjudicated on whether the Selection Committee's actions were justified [Paras 2-3]...
Challenge to Recovery Certificates - Co-operative bank sought recovery of loans from company in liquidation - Issuance of recovery certificates under Section 101 of the MCS Act disputed. [Para 4-5]
Revision Applications and Procedural History - Company in liquidation's revision applications initially dismissed for non-compliance, later allowed upon depositing 50% amount - Assistan...
Civil Law – Religious Endowments – Suit jewellery claimed by the appellant as private property – Jewellery kept in the Temple's Kudavarai and used for adorning the deity during festivals – Concurrent findings by three courts affirming the jewellery as a specific endowment to the deity – Dedication inferred from long possession and use for religious purposes [Paras...
Licensee or Lessee – Distinction – Determining the Nature of the Document – Jural Relationship – Exclusive Possession – Rent Control Proceedings – High Court of Kerala – O.P.(RC) No. 119 of 2023 – Article 227 of the Constitution of India – Rent Control Court (Additional Munsiff), Thiruvananthapuram – R.C.P.No.35 of 2022 – Eviction o...
Service Tax – Consulting Engineer – Definition – The definition of 'Consulting Engineer' under Section 65(31) of the Finance Act, 1994, includes a 'body corporate' – The amendment in 2005 clarifying the inclusion of 'body corporate' is not merely prospective but clarificatory in nature – Respondent providing consultancy engineering services lia...
Civil Procedure – Abatement of Suit – Right to Sue – No abatement by party's death if right to sue survives – Procedures in case of death of one of several defendants or sole defendant – Appellate Court must examine if the right to sue survives against surviving respondents – Appeal dismissed due to non-bringing legal representatives on record without proper...
Civil Procedure – Compromise of Suit – Application under Order 23 Rule 3 CPC filed jointly by parties requesting a consent decree – Trial Court referred the matter to Lok Adalat where consent decree was passed – High Court erred in setting aside the consent decree on grounds of alleged fraud without substantial evidence [Paras 6-10].
Genuineness of Consent Decr...
Specific Performance of Agreement to Sell - Execution of Agreement not established - Plaintiff failed to produce Handwriting Expert - Appellant claimed an agreement to sell land with respondent No. 1 - Denial of execution of agreement by respondent No. 1 - Plaintiff failed to prove signatures on the agreement - Importance of Handwriting Expert in proving execution of agreement - Plaintiff's om...