Rejection of Election Petition – Appeal against High Court’s dismissal of application under Order VII Rule 11 CPC for rejection of Election Petition – Appellant’s nomination for Assam Legislative Assembly scrutinized, and election won – Respondent No. 1 filed Election Petition, alleging false educational qualifications and financial disclosure by appellant &...
Contract Law – Recovery of Money – Suit for recovery based on credit katha for yarn trade – Appellants contested the claim asserting discharge of dues through payments – Trial court decreed in favor of plaintiff for Rs. 88,070.50 with 6% interest p.a. – Appeal challenging the trial court’s judgment dismissed – Court upheld the trial court’s findings ...
Eviction Petition - Bona fide requirement of landlord - Challenge by tenant under Section 14(1)(e) of the Delhi Rent Control Act - Tenant assails order dismissing application for leave to contest proceedings - Grounds raised by tenant include landlord's alleged abundant alternate accommodation, age, and health status - High Court examines legality of impugned order under proviso to Section 25B...
Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlem...
Issue of Copyright Ownership by Sanyasi – Civil Suit for Copyright Infringement – Consideration whether a renunciate (sanyasi) retains copyright ownership in his literary works – Plaintiff Trust holds copyrights of works by Srila Prabhupada, a renounced spiritual leader – Defendant reproduced these works online without authorization – Defendant contended that Srila Pr...
Arbitration Award Challenge – Appellants did not file written statement of defence or lead evidence in arbitration proceedings initiated by respondent-HAFED for recovery of Rs. 26.01 lakhs – Arbitration award passed in favour of respondent, accepting the claim in toto – Appellant’s challenge to award under Section 34 of the Arbitration and Conciliation Act, 1996 dismissed b...
Consumer Law- Partnership Dispute – Consumer Complaint – Jurisdiction – Alleged deficiency in service – Complaint filed by respondent No.1 before District Consumer Disputes Redressal Forum (DCDRF), alleging non-repayment of investment in partnership firm – Appellants, heirs of deceased partner, contesting liability – Appellants contend respondent No.1 was partne...
Stamp Duty on Articles of Association – Increase in Share Capital – The dispute revolved around the payment of stamp duty on the increase of share capital by National Organic Chemical Industries Ltd. The company initially paid a stamp duty of Rs. 1,12,80,000 in 1992, and a further Rs. 25 lakhs in a subsequent increase. The case examined whether the notice in Form No.5, pertaining to th...
Amalgamation and Property Transfer – Lease Clause Interpretation – Transferor company’s perpetual lease plots transferred to transferee company – Issue: whether amalgamation under Company Court order amounts to ‘transfer’ under perpetual lease clauses, obligating payment of unearned increase in value to the lessor (DDA). [Paras 1-2, 6-8]
Lease Deeds...
Arbitration Proceedings - Non-filing of Written Statement of Defence - Dismissal of Application under Section 151 CPC for Placing Documents on Record - High Court dismisses application under Section 151 CPC for placing documents on record, as the appellant failed to file a written statement of defence before the Arbitrator during arbitration proceedings. No cogent reason provided for the belated s...