Specific Performance – Readiness and Willingness – Financial Capacity and Conduct – Court must assess both financial capacity and conduct of the plaintiff in determining readiness and willingness – Delay in performance, conduct inconsistent with agreement obligations, or inequitable benefit to plaintiff can bar specific performance – Contractual obligations, particula...
Caste Certificate Validation and Challenge – Scrutiny Committee validated appellant’s ‘Mochi – Scheduled Caste’ certificate based on documents from pre-independence era – High Court overturned this, citing forged documents and unauthorized intervention in the Presidential Order [Paras 1-3, 13, 17, 24].
High Court’s Scope in Writ of Certiorari ...
Land Tax – Vested Forest Lands – Validity of Ownership – Respondents' claims to ownership based on canceled jenmam rights and purchase certificates – Forest Tribunal's ruling against respondents stands unchallenged – Acceptance of basic tax from respondents would wrongly imply ownership – Appeal allowed [Paras 1-7].
Judicial Review – Role of Civ...
Selection Process and Bias – Relationship of candidates with selection committee members – Appointment of appellants as Shiksha Karmi Grade-III set aside due to close familial relationships with committee members, indicating reasonable likelihood of bias – Found not in compliance with Sections 40 and 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 [Paras ...
Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...
Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...
Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...
Arbitral Award Modification & Judicial Intervention - Challenge to the High Court's judgment confirming the Senior Civil Judge's decision to modify the arbitral award - The issue concerns judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, and the scope of such intervention in arbitral awards. [Paras 1, 11-12, 14-15, 28-32, 37-43]
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Suspension and Cancellation under PC&PNDT Act - Interpretation of Sections 20(1), (2), and (3) - The appeal focuses on the powers for cancellation, suspension, or suspension in public interest under the PC&PNDT Act - Concerns the case of suspension of registration of "Dev Hospital," Ahmedabad, without notice or hearing, deemed contrary to the provisions of the Act [Paras 2, 3, 5,...
Arbitration – Enforcement of Foreign Arbitral Awards – Conflict of Interest and Bias – challenge against enforcement of a foreign arbitral award on grounds of arbitrator's alleged bias and conflict of interest under Section 48 of the Indian Arbitration Act. The appellants contended that the presiding arbitrator had failed to disclose conflicts of interest, impacting his impar...