Adoption Deed Registration – Applicability to Muslim Personal Law – Adoption Not Recognized – Refusal Upheld - The Muslim Personal Law (Shariat) Application Act, 1937, does not recognize adoption as a mode of filiation – Petitioners sought to register an adoption deed, which was refused citing lack of provision under the Registration Act, 1908, and the absence of enabling p...
Interim Orders in Public Projects – Ex-parte Stay – Procurement of Conveyor Belts – Ex-parte interim stay was granted restraining the appellants from awarding work to the lowest bidder for essential procurement of conveyor belts for thermal power plants – Court held that such orders should not lightly derail public projects critical to infrastructure or electricity producti...
Declaration of Title and Cancellation of Sale Deed – Burden of Proof – Fraud Not Proved – The appellants (plaintiffs in O.S. No. 102 of 1999) sought cancellation of a registered sale deed executed in 1978 and declaration of title over the disputed property. The appellants alleged fraud and undue influence but failed to provide specific evidence of fraud, undue influence, or misre...
Civil Law - Res Judicata – Applicability in Appellate Court – The appellants contended that the appellate court’s decree, allowing the plaintiffs’ cross-objection for Plots Nos. 544 and 545, violated res judicata since the prior ruling in RFA No.16/2004 dismissed claims over these plots without further challenge – Held: The issue had been conclusively determined, thus...
Arbitration Law – Appointment of Arbitrator – Appeal under Section 11 of the Arbitration and Conciliation Act, 1996 – Appellant (Goqii Technologies Private Limited) challenged High Court’s dismissal of arbitration application, seeking appointment of arbitrator under Clause 18.12 of Master Services Agreement (MSA) with the Respondent (Sokrati Technologies Private L...
Partnership Law – Dissolution of Partnership – Rights of Outgoing Partner – Suit for Settlement of Accounts – Original plaintiff filed Suit No. 286 of 1978 seeking dissolution and settlement of accounts of a partnership firm, Crystal Transport Service, alleging improper conduct by other partners in diverting firm assets – Trial court's preliminary decree dissolved...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Demolition of Properties – Arbitrary Action – Violation of Rule of Law - Writ petitions filed under Article 32 challenge demolition of residential and commercial properties of persons accused in criminal cases without adherence to due process – Court finds such demolitions to be violative of the principles of rule of law and separation of powers – Executive cannot impose pe...
Property Law – Nature of Deed – Distinction between "Gift" and "Settlement" – Property Share Upheld – The deed executed in 1963 by two coparceners in favor of Govindammal was challenged as a gift deed lacking adequate consideration, contending it did not confer the claimed rights over 2/3rd of the property – Held: The deed constituted a valid settl...
Service Law – Disciplinary Proceedings – Violation of Rule 7(3) – Inquiry Invalidated – Relief Granted - Appellant faced disciplinary proceedings resulting in major penalties, including censure entry and withholding of increments with cumulative effect. Tribunal quashed the penalty order, finding the inquiry officer failed to record oral evidence, violating Rule 7(3) of the...