Landlord-Tenant Dispute – Additional Evidence – Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the tenant on grounds of non-payment of rent and personal necessity – Landlord sought to lead additional evidence by examining a Director of the company after initially closing its evidence – Tenant opposed, citing that this was an ...
Medical Termination of Pregnancy – Minor Victim – Section 3, MTP Act, 1971 – The minor victim sought termination of a 24-week and 5-day pregnancy resulting from rape – Expert medical reports indicated risks to her physical and mental health if the pregnancy continued – Court permitted termination, citing risks of grave injury to her well-being under Explanation-2 of S...
Civil Procedure – Preliminary Issue – Maintainability of Suit – Petitioner challenged the order deciding the maintainability of the suit as a preliminary issue based on an alleged admission during cross-examination – High Court held that the issue involved mixed questions of fact and law, unsuitable for determination as a preliminary issue under Order XIV, Rule 2 of CPC &nd...
Execution of Promissory Notes – Presumption of Consideration – Section 118(a), Negotiable Instruments Act – Execution and signatures on the promissory notes admitted by the defendants – Trial court erred in rejecting the plaintiff's claim based on minor discrepancies – Held: Execution of the promissory notes and consideration established; burden shifted to the def...
Limitation - Condonation of Delay – Inordinate Delay – Application Rejected - The appellant sought condonation of a 4486-day delay in filing the appeal, attributing it to alleged professional misconduct by previous counsel and subsequent pursuit of an application under Order IX Rule 13 CPC. The Court held that the appellant, a corporate entity, failed to demonstrate sufficient cause fo...
Contract Law – Tender Process – Discharge of Tender – Eligibility Criteria – Petition under Article 226 challenging discharge of tender by respondent authority – Petitioner alleged fulfillment of eligibility criteria under clause 4.1.2 of the Notice Inviting Tender (NIT), requiring five years' experience of owning and operating at least five functioning retail out...
Competence of Central Government to Impose Additional Fees – Validity of the Central Motor Vehicles (Twenty Third Amendment) Rules, 2021 – The petitioners challenged the imposition of additional fees for delayed renewal of Certificates of Registration and Fitness Certificates under the amended Rule 81 of the CMV Rules. The Court, citing the Bombay High Court’s decision in K' ...
Land Acquisition – Urgency Clause – Invocation under Sections 17(1) and 17(4) – Legal and Justified – The Court upheld the legality of the invocation of the urgency clause for acquiring land for the Yamuna Expressway and associated developments – The acquisition, being part of an integrated development plan for industrial, residential, and commercial purposes, was jus...
Arbitration Law – Interpretation of Limitation under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – Limitation period extended due to consent of parties – Petitioner’s claims remanded – The petitioner contended the arbitration tribunal's dismissal of claims as time-barred, arguing the extension of the dispute resolution period by mutual consent –...
Patent Law – Violation of Natural Justice – Impugned Order Quashed – The appellants claimed their invention demonstrated superior physical, chemical, and therapeutic efficacy compared to prior art – Respondent rejected the patent citing Sections 3(d) and 3(e), concluding the invention was a mere discovery without therapeutic efficacy – Court held: The respondent faile...