Civil Procedure – Stay of Suit – Section 10 CPC – Petitioner challenged Trial Court's order staying suit CS SCJ 117/2020 under Section 10 of CPC – Trial Court stayed suit citing pending previous suit CS ADJ 749/2018 for possession under Section 6 of SRA – High Court held that Section 10 stay not applicable as causes of action in both suits are different – CS...
Competition Law – Penalty – Levy of Interest – Petitioners challenged CCI’s order to deposit interest on penalty amount for delayed payment without following due procedure under 2011 Regulations – High Court held that interest can be levied only if demand notice as per 2011 Regulations is served first – Demand notice mandatory for levying interest on penalty &nd...
Eviction under Public Premises Act – Unauthorised Occupation – Prima Facie Satisfaction – The Estate Officer must have prima facie satisfaction that the respondent is in unauthorised occupation before issuing an eviction notice under Section 4(1) of the Public Premises Act – Satisfaction must be based on substantive material – Subsequent notices may waive earlier ones...
Specific Performance – Agreement of Sale – Dispute over sale agreement dated 05.01.1990 – The appellants/defendants claimed that the agreement was fabricated, while the respondent/plaintiff sought specific performance, asserting full payment of sale consideration – Held: The Trial Court’s decree for specific performance was upheld – The plaintiff proved the exec...
Fraud Classification – RBI Master Circular – Natural Justice – The petitioner company sought to quash PNB's action of declaring its account as 'fraud' without prior notice or hearing – The court held that the declaration of the petitioner's account as fraud, without following the principles of natural justice, violated RBI guidelines – Held: The petiti...
Civil Procedure – Rejection of Plaint – Order VII, Rule 11 of CPC – Court directed the plaintiff to correct the valuation and deposit the requisite court fee – Held, objections regarding insufficiency of court fee must be decided before proceeding with other issues in the suit – Revision petition dismissed as court found no illegality in the order directing the paymen...
Civil Law – Specific Performance – Rejection of Plaintiffs' Claim – Appellants (Defendant Nos. 9 to 11) were bona fide purchasers of property after executing a valid sale deed with all co-owners, including the sisters (Defendant Nos. 6 to 8) – Plaintiffs (Respondent Nos. 1 and 2) had earlier entered into an agreement for the same property with only two co-owners without...
Eviction Notice – Validity and Service – Plaintiff issued an eviction notice dated 18.06.1994, which was returned with the postal endorsement “refused” on 07.07.1994. The court below held that the notice did not comply with the statutory requirement of one month’s notice expiring with the month of tenancy, as the notice period fell short by eight days. The High Court,...
Rent Control – Eviction – Jurisdiction – Respondent filed for eviction due to non-payment of rent and personal necessity. The petitioner claimed ownership based on an unregistered sale deed, disputing tenant status and jurisdiction under the Rent Control Act. Rent Controller and Appellate Court held in favor of the respondent, affirming tenancy and non-payment of rent, rejecting ...
Civil Law - Co-Tenancy Rights – Uttar Pradesh Consolidation of Holdings Act, 1953 – Share of Land Modified – The appellants challenged the order allotting them a reduced share in Khata Nos. 98 and 99 – Held: The High Court correctly found that principles of Hindu law could not be applied to determine shares among Mohammedan parties – The appellants are entitled to onl...