Rejection of Plaint – Limitation and Court Fees – Appeal challenging rejection of plaint on the basis of being barred by limitation and inadequately stamped – Plaintiff executed sale deeds under misrepresentation – Claimed sale deeds intended as security for a loan, to be re-conveyed upon repayment – Defendant argued the suit barred by Article 59 of the Limitation Act...
Civil Law - Res Judicata – Applicability in Labour Disputes – Section 11, CPC – Second Reference Barred - The petitioner, terminated from employment through a contractor, filed a second reference with the Labour Court following the employer’s payment of differential wages under the Minimum Wages Act – The court held that the second reference was barred by res judicata...
Civil Procedure – Second Appeal – Possession and Injunction – Appeal against the reversal of a trial court’s decree granting permanent injunction in favor of the appellant – Trial court decreed that the appellant had established possession over the disputed property – Appellate court reversed the decision, excluding key evidence (an unregistered lease deed) &nda...
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...
Recruitment Process – Estoppel – Appellant challenged the selection process for Medical Technologist post at SKIMS after participating in it – Contention that only 15 candidates applied for 20 advertised posts, hence, written test and interview were unnecessary – High Court upheld the selection process – Appellant estopped from challenging the process after participat...
Land Acquisition – Unauthorized Use of Land – Compensation – Plaintiffs filed a suit for possession, permanent, and mandatory injunction after their land was utilized for road construction without their consent or due process – Trial court directed the State to acquire the land following legal procedures and disburse the assessed compensation to the landowners – High ...
Civil Procedure – Additional Documents in Commercial Suits – Plaintiffs filed an application under Order XI Rule 1(5) CPC for leave to file additional documents – Defendants opposed the application, arguing that documents should have been filed earlier – Court allowed certain additional documents, noting the necessity of their production for a just decision and emphasizing ...
Revocation of Probate – Citation of Interested Parties – Applicant’s Status as Biological Son – Application for revocation of probate granted to respondents. Applicant, Michael Soumen Ghosh, contended he was the biological son of the testator, Satyabrata Ghosh, but was not cited in the probate proceedings. The court emphasized the necessity for a testamentary court to verif...
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...
Economic Law – Royalty Computation – Writ Petition under Article 32 – Petitioners challenge the validity of Explanation to Rule 38 of the Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 (MCR, 2016) and Explanation to Rule 45(8)(a) of the Mineral Conservation and Development Rules, 2017 (MCDR, 2017) – Contend that these provisions create a...