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...
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...
Deviations from Standard Bidding Guidelines – Section 63 Electricity Act – Validity of Tariff Approval – The appellant, Kerala State Electricity Board, deviated from the standard bidding guidelines in power procurement tenders, leading to objections from the Kerala State Electricity Regulatory Commission (KSERC) – Supreme Court held: KSERC was correct in rejecting the tarif...
Co-operative Societies – Redevelopment of Housing Societies – Petitioners challenged the orders of the State Government relating to the redevelopment projects – Contention regarding the inadequacy of the consent obtained from the members and non-compliance with statutory requirements – High Court held the State’s orders to be mechanical and without proper consideratio...
Civil Procedure – Rejection of Plaint – Petitioner challenged the dismissal of her application under Order VII Rule 11 CPC for rejection of the plaint filed by her mother, Smt. Saraswathamma – The suit sought cancellation of gift and partition deeds and declarations against sale deeds executed in 2002, 2004, 2005, and 2010 – Trial Court rejected the application on the groun...
Marriage and Divorce – Desertion – Appeal against dismissal of divorce petition – Appellant claims wife deserted him and was in an adulterous relationship – Trial court dismissed suit finding no evidence of desertion or adultery – Appellant failed to prove allegations with substantive evidence – Desertion requires animus deserendi and absence of reasonable cause...
Definition of ‘Workman’ – Interpretation – Held –Court clarifies that mere absence of power to appoint, dismiss, or hold disciplinary inquiries does not alone determine whether a person is a ‘workman’ under Section 2(s) of the Industrial Disputes Act. The decision in Ved Prakash Gupta relied on by the High Court is distinguished. The Court notes the need f...
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...
Waqf Property – Jurisdiction of Civil Court in Execution Proceedings – Original Petition Allowed – The petitioners, as decree holders, sought execution of a decree allowing them management and possession of a mosque property. Following the formation of the Waqf Tribunal, respondents challenged the civil court's jurisdiction. Held: The Waqf Tribunal’s constitution does n...
Land Acquisition – Quashing of Notification – Notification under Section 17(4) of the Land Acquisition Act, 1894 for urgent acquisition quashed by Single Judge – Appeal by landholders challenging land acquisition for university expansion – High Court upholds quashing of urgency clause but modifies procedural directions [Paras 1-16].
Urgency Clause – Invocation Inva...