SARFAESI Act – Recovery Proceedings – Petitioner challenged the recovery actions initiated by Kerala Gramin Bank for an outstanding amount of Rs. 11,40,929/- – The court acknowledged the bank’s amenability to grant the petitioner an opportunity to repay the amount in monthly installments – Court directed the petitioner to clear the outstanding amount in 12 equal month...
Arbitration Agreement – Assignability and Privity of Contract – The petitioner, a U.S.-incorporated entity, invoked the arbitration clause in the agreements initially made by Cryobank International, Inc. with the respondent companies, claiming an assignment of rights due to a public asset purchase. The respondent contested, arguing a lack of privity with the petitioner and that the agr...
Land Acquisition – Determination of Compensation – Additional Compensation for Trees and Borewell – Review Jurisdiction – Appellant sought enhanced compensation for acquired land, including fruit-bearing trees and a borewell – High Court dismissed the award of compensation for these items granted by the reference court in a review application – Supreme Court uph...
Contract Law – Dealer Agreement – Appellant, a public sector oil corporation, introduced digital e-locking and VSAT systems in retail outlets – Imposed monthly and annual charges on the respondent-dealer without explicit consent – Single Judge held such unilateral imposition invalid under dealership agreement terms – Appeal by appellant dismissed – Corporation r...
Mutation Proceedings – Summary Nature – Petitioners' Father’s Property Mutation Dispute – Petitioners challenged the mutation orders favoring the respondent, based on an earlier Will – Petitioners claimed subsequent Will in their favor – Court observed the mutation proceedings are summary and fiscal, not determining title – Petitioners required to purs...
Second Appeal – Substantial Question of Law – No substantial question of law was formulated at the time of admission – The appellant framed questions of law in the memo of appeal, mostly pertaining to factual aspects – Held: All the questions framed by the appellant relate to factual aspects and cannot be treated as substantial questions of law under Section 100 of CPC &nda...
Patent Law – Inventive Step and Patentability – Appeal challenges the rejection of a patent application for a probiotic formulation involving Bifidobacterium longum NCIMB 41676 (AH1714) – Controller of Patents refused the application citing lack of inventive step and non-patentability under Sections 3(c), 3(d), and 3(e) – High Court assesses the distinctiveness and technica...
Contract – Recovery of Money – Plaintiff sought recovery of Rs. 7,23,63,548/- with interest from defendant – Defendant acknowledged receipt of money and issued cheques which were dishonored due to insufficient funds – Plaintiff initiated proceedings under Section 138 of the Negotiable Instrument Act, 1881, and under Section 420/406/120B IPC – Defendant claimed cheques...
Electricity Supply – Legal Obligation – Section 43 of Electricity Act – Appeals against the denial of electricity connections by Jaipur Vidyut Vitaran Nigam Ltd. (JVVNL) citing planned development concerns. Court held that Section 43 of the Electricity Act mandates distribution licensees to supply electricity to premises upon request by owner or occupier. The denial of electricit...
Commercial Law – Civil Revision Petition – Maintainability – Petitioners challenged the rejection of an application filed under Order VII Rule 11 of CPC for rejection of the plaint – Petitioners argued that the suit was barred by limitation and failed to comply with Section 12A of the Commercial Courts Act, 2015 regarding mandatory pre-institution mediation – Held: Ci...