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...
Public Trusts and Right to Information Act, 2005 – Application of RTI Act to Public Trusts –whether Public Trusts registered under the Maharashtra Public Trusts Act 1950, managing institutions receiving state grants, are obligated to provide information under the Right to Information Act, 2005. The court examined the legal status of such trusts in the context of the RTI Act, focusing o...