Arbitration – Scope of Judicial Review – Sections 30 and 33 of Arbitration Act, 1940 – Courts do not sit in appeal over arbitral awards – Reappraisal of evidence not permissible – Arbitrator’s reasonable interpretation upheld if not perverse or based on a wrong proposition of law – Appeals dismissed [Paras 10-13].
Construction Contracts – Rebate a...
Landlord and Tenant Relationship – Possession – No evidence of tenancy – Defendant's admission of not maintaining rent records – Relationship of landlord and tenant not proven – Defendant's claim of tenancy based on conjectures – Partnership deed executed on 18.12.1976 not a sham document – Defendant's tenancy claim denied – Appeal allowe...
Customs Valuation – Allegations of under-valuation of imported goods – CESTAT's decision to set aside the enhancement of value and penalties imposed by the Commissioner of Customs – Appellant aggrieved by the CESTAT's order – Issue revolves around the reliability of export declarations, statements of involved parties, and valuation methods – Consideration of c...
Administrative Law – Promotion to IAS – Reconsideration of Promotion – High Court endorsed Tribunal's directions without independent analysis – 'Cut-copy-paste' judgment critiqued – Importance of reasoned judicial decisions emphasized – Judgment set aside, writ petition restored for fresh adjudication [Paras 3-9].
Judicial Reasoning – Necess...
Civil Appeal – Disputed Will – Allegation of Will executed by Leela Devi in favor of Dhani Ram – Trial Court disbelieving the Will – Appellate Court reversing the judgment – High Court reversing the Appellate Court’s decision – Appellant filed special leave appeal – Examination of attesting witnesses – Contradictory statements of attesting witn...
Civil Procedure – Consent Decree – Non-Party Rights – Appellants were not parties to consent orders passed in Suit No. 1335/1988 – Consent orders not binding on non-parties – Appellants' rights to be adjudicated independently in pending Suit No. 3162/2005 – Appeal dismissed with observations to protect appellants' rights [Paras 1-21].
Judicial Review ...
Civil Contempt – Violation of Court Undertaking – Appellants sold plots in violation of a court undertaking not to sell until the main petition is heard and decided – Contempt proceedings initiated – Appellants argue they were not aware of the undertaking and tendered unconditional apology – High Court rejects apology and holds appellants guilty of contempt – Ap...
Facts - appellant won an auction for a property conducted by a Liquidator. However, the Liquidator later cancelled the highest bid, leading to legal proceedings. The Appellate Tribunal set aside the original Tribunal's order, prompting the appellant to appeal to the higher court.
Auction and Liquidation — Highest Bid — Rejection by Liquidator - held that the highest bid in an au...
Insurance Policy Assignment - Legality of levying service charge for recording assignment - Appellant-insurer imposed a registration charge for policy assignments - Constitutional challenge on grounds of contravention of the Insurance Act and Article 265 of the Constitution - High Court found the levy unconstitutional - Nature of the levy determined as service charge or fee - Appellant's conte...
Tax Exemption – Religious, Charitable, and Educational Purposes – Section 3(1)(b) Kerala Building Tax Act- Buildings used principally for religious, charitable, or educational purposes are exempt from building tax under Section 3(1)(b) of the Kerala Building Tax Act, 1975. The Supreme Court held that residential accommodations for nuns and hostels for students attached to educational i...