Commercial Law – Consumer Protection – Jurisdiction and Maintainability of Consumer Complaint – Supreme Court examined whether the service obtained by the complainant (a chit fund subscriber) was for a commercial purpose, affecting the maintainability of a consumer complaint under the Consumer Protection Act, 1986. Dispute arose from the service provider stopping the chit busines...
Municipal Law – Town Planning Scheme – Land Allocation and Compensation – Appeals against the Gujarat High Court decision in Civil Appeal Nos. 16956-16957 of 2017 – Gujarat High Court upheld the Ahmedabad Municipal Corporation's decision regarding compensation and land allocation under Town Planning Scheme No. 6, Paldi, initiated under the Gujarat Town Planning and Urba...
Cooperative Societies – Test Audit Appointment – Quasi-Judicial vs. Administrative Orders – Revisions: The High Court examined whether the order appointing a special auditor under Section 81(3)© of the Maharashtra Cooperative Societies Act, 1960 was quasi-judicial or administrative, and whether such an order could be challenged under Section 154 of the said Act. The court he...
Arbitration Law – Jurisdiction under Section 29A of Arbitration and Conciliation Act, 1996 – High Court’s jurisdiction to entertain applications for extension of mandate of arbitral tribunal – Applications under Section 29A seeking extension of time to pass award filed before High Court – Preliminary objection raised by non-applicants regarding maintainability before ...
Violation of Natural Justice – Reversion from IG to DIG without a proper hearing – Petitioners reverted as per orders dated 31.03.2023 without being given a subsequent opportunity for a hearing after initial postponement – Initial show cause notice dated 17.09.2021 followed by multiple notices and a scheduled hearing which was postponed due to non-availability of the Chief Minist...
Contractual Disputes – Withholding of Payment – Dispute arose over withholding of Rs. 1,40,42,000/- payment due to allegations of data breach by the respondent – Appellant cited contractual provisions permitting withholding payment for default – Held, withholding payment pending investigation justified under terms of agreement [Paras 1-7, 10-11].
Writ Jurisdict...
Civil Procedure – Return of Unmarked Documents – Dispute on Impounding Documents for Insufficiency of Stamp Duty and Registration – The petitioner, after the dismissal of her suit for a permanent injunction (O.S.No.181 of 2024), sought the return of unmarked documents which the trial court refused due to insufficiency of stamp duty and lack of registration. The High Court of Andh...
Lease Renewal Dispute – Original lease from 1905 renewed in 1944 expired in 1965 – Lease renewal application made in 1972 by Nalininath Mitra not adjudicated upon till initiation of resumption proceedings in 1975 due to reported dilapidation and unauthorized occupation – Resumption order issued by Collector in 1975 based on non-compliance with lease conditions including non-payme...
Restitution of Conjugal Rights – Validity of Marriage – Appeal challenging the Family Court's decree for restitution of conjugal rights in favor of the respondent – Appellant contended that no marriage took place and that the respondent's claims were fabricated – Respondent provided evidence of marriage through testimonies and documents – Trial court found the...
Income Tax – Search and Seizure – Section 132 of the Income Tax Act – Petitioners challenged the legality of search and seizure actions – Alleged lack of proper authorization and absence of valid information – High Court held that the reasons for the search must be based on valid and reliable information – Satisfaction note found to lack proper foundation &ndash...