Contract Law – Pledge of Shares – Dispute Over Invocation Notice – Status Quo Ordered – Appeal Disposed Of – The appellant challenged the Trial Court’s interim order directing maintenance of status quo on the pledged shares, claiming contractual rights for invocation – Held: The Trial Court’s order was not on the merits of the applications but to pre...
Contractual Service – Annual Increment Entitlement – Appeal Allowed – The appellant and connected petitioners challenged the denial of annual increments for their contractual service despite its recognition for pension purposes under prior judicial decisions – Held: Contractual service shall also be counted for granting annual increments, in alignment with the principles in...
Property Law – Declaration of Title and Possession – Plaintiff claimed title and possession over property through registered gift deeds (Ex.A.3 and Ex.A.1) – Trial court granted declaration of title and possession – First appellate court confirmed title but denied permanent injunction due to ambiguous pleadings regarding possession – High Court found appellate court&#...
Criminal Procedure – Quashing of FIR – Petition for quashing FIR on grounds of false implication and counterblast to another FIR lodged by the petitioners – Petitioners claimed they were falsely implicated to counter FIR No. 60 lodged by them – Held, allegations in FIR prima facie constituted offenses under IPC – High Court emphasized that the exercise of jurisdiction...
Arbitration Law – Review under Section 114 and Order XLVII Rule 1 CPC – Grounds for Review – Application Dismissed - The appellant sought a review of the judgment dismissing its appeal under Section 37 of the Arbitration and Conciliation Act, 1996, alleging errors on the face of the record, including the enforceability of exorbitant interest rates and misinterpretation of the san...
Chamber Allotment – Transparency and Fairness – Lack of Public Notification – Allotment Sustained - Appellant sought re-allotment of Chamber No. 103 on medical grounds, alleging that the allotment process lacked transparency – Court observed that while the chamber’s vacancy was not publicly notified, the allotment was based on seniority, and the appellant’s clai...
Divorce – Mental Disorder – Section 13(1)(iii) of Hindu Marriage Act – Claim for Divorce Rejected – Appeal Allowed – The appellant-husband sought divorce on the ground that the respondent-wife suffered from schizophrenia, rendering her unsuitable for marital life – Held: Evidence failed to prove that the alleged mental disorder was of such a nature and degree as...
Service Law - Judicial Conduct – Grant of Bail – Alleged Misconduct – Punishment Quashed - The petitioner, a judicial officer, faced disciplinary proceedings for granting bail in a second petition without awaiting the outcome of a transfer petition pending in the High Court – Inquiry found no evidence of corrupt motive or extraneous considerations – Court observed: Th...
Taxation Law - GST Compliance – Rectification of Errors in GSTR-1 – Beyond Statutory Period – Petition Dismissed - The petitioner sought permission to amend errors in GSTR-1 returns filed for the quarter ending June 2021, after the statutory time limit expired under Section 37(3) of the GST Act, 2017 – The Court held that rectifications must adhere to the prescribed timelin...
Taxation Law - Customs Law – Confiscation of Imported Goods – Re-export Permitted – Appeals Dismissed - The appellant challenged the CESTAT's order permitting re-export of substandard Areca Nuts and reducing penalties – Court upheld CESTAT’s decision, noting that the goods were not fit for human consumption as per Indian standards but could serve industrial purpos...