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 –...
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...
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...
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...
Specific Performance – Order VII Rule 11 CPC – Bar of Limitation – The Plaintiff sought specific performance of an agreement from 1989, cancellation of a sale deed from 2011, and declaration of ownership of the suit property. The defendant filed for rejection of the suit under Order VII Rule 11 CPC, contending that the suit was barred by limitation, as the agreement was undated, ...
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' ...
Service Law - Employment Eligibility – Acquittal and Criminal Record – Rejection of Candidature Overturned - Petitioner’s application for Constable post was rejected citing pending criminal proceedings under Sections 323 and 143 IPC – Petitioner was acquitted before document verification, and the Court held that mere involvement in criminal proceedings without a conviction ...
Service Law – Financial and Pensionary Benefits – Work Charge Employee – Entitlement to Pension and ACP – Petitioner sought financial and pensionary benefits, claiming that her deceased husband’s services should be regularized from 2003, making her eligible for benefits like ACP, medical allowance, leave encashment, LTC, etc. – The Court held that as a work char...