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...
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...
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...
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...
Constitutional Law – Right to Legal Aid – Fundamental Right under Article 21 – Writ Petition under Article 32 filed seeking humane treatment for prisoners, decongestion of jails, and access to legal aid – NALSA's efforts in ensuring legal aid for prisoners emphasized – Court acknowledges the importance of legal aid in ensuring equal justice as per Article 39-A of ...
Tenancy Law – Eviction Decree – Grounds of Eviction – Applicants-tenants challenged the judgment of the District Court and Additional Small Causes Court Pune, which decreed eviction on grounds of arrears of rent, destruction/injury to the premises, and erection of a permanent structure – Appellate Court confirmed the decree – Held: Ground of default in payment of rent...
Arbitration Award – Lack of Jurisdiction – Appeal against arbitral award on the ground that the court at Indore lacked jurisdiction – Parties had agreed that courts at Ahmedabad alone would have jurisdiction – Held, designation of “venue” as Ahmedabad implies exclusive jurisdiction of Ahmedabad courts – Arbitral award set aside for want of jurisdiction [Pa...
Jurisdiction – Execution of Decrees – The executing court in Bhubaneswar rightly upheld the execution of the decree transferred from the Nagpur Court – Section 39 of CPC empowers the court to transfer decrees for execution – No irregularity found in the transfer process – The application under Section 47 CPC questioning the decree’s enforceability dismissed as n...
Jurisdiction – UK Court’s Jurisdiction – Appellant contested jurisdiction of the UK Court over claims based on two Personal Guarantees – UK Court’s jurisdiction affirmed due to service of process under Section 1140 of the English Companies Act, using the appellant’s registered address for service in UK – High Court of Delhi held UK Court had jurisdiction a...