Contract Law – Sale Agreement – The plaintiff sought a refund of Rs. 16,20,700/- and damages of Rs. 10,00,000/- – Plaintiff alleged misrepresentation by the defendant regarding the title of the property – Defendant sold the property without clear title – Suit partly decreed by the trial court for Rs. 2,14,000/- with 6% interest per annum from the date of the plaint ti...
Counter-Claim – Requirement for Separate Appeals – Appeal filed challenging the dismissal of the main suit without filing a separate appeal against the counter-claim – Held: When both the suit and counter-claim are decided, separate appeals must be filed to challenge both – Failure to file separate appeals results in res judicata – The First Appellate Court erred by r...
Civil Law - Limitation for Reference – Section 10 and 2A of the Industrial Disputes Act – Delay Beyond Reasonable Period – The petitioner challenged the Central Government's order of reference to the Industrial Tribunal made after an 11-year delay post-appeal dismissal – The court noted that while Section 10 of the ID Act does not prescribe a limitation period, a reason...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Civil Law – Mega Power Policy and Change in Law – Press Release as Binding Legal Instrument – Appeal Dismissed - Mega Power Status and Notification Requirements – Appellants contended that the 01.10.2009 press release announcing the Union Cabinet's decision on the revised Mega Power Policy constituted a legally binding "Change in Law" under Clause 13 of the Po...
Electricity Act - Electricity Dues – Applicability of Limitation Period under Section 56(2) of the Electricity Act, 2003 – Retrospective Application Rejected – The Court held that Section 56(2) of the 2003 Act, prescribing a limitation period of two years for recovery of dues, does not apply to liabilities incurred before the Act’s enforcement – Based on precedents, i...
Labour Law - Employment Status of Canteen Workers – Contract Labour Regulation – Sham Contract Alleged – The Industrial Tribunal held that the canteen workers employed through a contractor were in fact employees of HAL, finding the contractual arrangement to be a sham due to HAL’s control over employment terms, wages, and work conditions. However, the High Court, interpreti...
Eviction Suit – Nature of Possession – Usufructuary Mortgage vs. Lease Arrangement – The plaintiff filed for eviction and recovery of possession of agricultural land, claiming he allowed the defendant to cultivate the land temporarily under a lease-like arrangement, later terminated. The defendant argued a right to possession under an alleged usufructuary mortgage agreement. Held...
Civil Law - Amendment of Pleadings – Liberal Approach and Due Diligence – The trial court permitted the respondent’s amendment application in the suit for cancellation of a document, which the petitioner challenged based on the proviso to Order VI Rule 17 CPC, citing delays and alleging intent to prolong litigation – Held: The High Court supported a liberal approach to amen...
Service Law - Recruitment Qualification – Prescribed vs. Equivalent Qualifications – Rule Interpretation – The qualification specified for the post of LDC was a Certificate in Data Entry and Office Automation from an approved institution. The Kerala Public Service Commission (KPSC) initially took a strict stance against recognizing higher qualifications, such as a Diploma in Comp...