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...
Civil Procedure – Partition Suit – Remand – Appeal challenging the remand order in a partition suit where the trial court's judgment was set aside by the District Judge due to non-impleadment of necessary parties and failure to afford them the opportunity to file written statements – High Court upheld the remand order, noting that the impleaded legal representatives wer...
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...
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...
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...
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 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...
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...