Civil Law – Conditional Leave to Defend – Non-Compliance with Court Condition – Appeal Dismissed – Respondent filed a suit for recovery of Rs. 9,18,876/- for construction of a drug store at Chief Animal Husbandry Office, Shopian – Appellants, as defendants, were granted conditional leave by the Trial Court to defend the suit, on the condition that they deposit 10% of ...
Green Card System – Unauthorized Issuance – Prima Facie Case – Articles of Association – The issuance of Green Cards to overage dependents violated Articles 13(3a) and 13(3b) of the Delhi Gymkhana Club’s AoA – The Green Card system was an informal practice introduced without legal sanction, lacking recognition in the AoA – Held: The Green Cards issued in 2...
Contract Law – Breach of Compromise Agreement – Liquidated Damages Awarded – The plaintiff claimed recovery of ₹3.5 crore, asserting that the defendant breached an agreement by filing a criminal complaint despite receiving ₹3 crore as part of the settlement – Held: The defendant breached the contract by filing a police complaint, violating Clause 4 of the compromise agr...
Landlord-Tenant Dispute – Oral Lease Agreement – Enhancement of Rent – The appellants, representing a corporation, appealed against the trial court’s decision to award enhanced rent and repair costs to the respondent-plaintiff, who had leased six godowns to the appellants. The respondents claimed that the appellants had agreed to an oral contract for rent enhancement and re...
Medical Negligence – Enhancement of Compensation – National Commission's Order Upheld – The LRs of the deceased patient sought enhanced compensation for medical negligence after the patient died following a nasal polypectomy procedure. The National Commission had awarded ₹3,00,000/- against the treating doctors, along with ₹50,000/- each from two doctors for giving contra...
Stamp Duty – Sale by Public Tender – Market Value Discrepancy – Matter Remanded – The petitioner challenged the deficiency in stamp duty assessed on the sale of a mortgaged property by public tender under SARFAESI Act. The Court examined whether the sale was exempt from scrutiny under Section 47-A of the Indian Stamp Act due to its nature as a public sale. The Court held th...
Service Law - Cancellation of Group-I Notification – Validity of Revised Notification No.02/2024 – The petitioners contended that the cancellation of Notification No.4/2022 by TSPSC was arbitrary and unconstitutional – Court held: The Commission has the authority to alter or withdraw notifications, as per para 13 of Notification No.4/2022 – The cancellation of the notificat...
Delay Condonation – Liberal Approach – Sufficient Cause – The petitioners sought condonation of a delay of 443 days in filing applications to set aside the default order dismissing their objections to attachment in execution proceedings – The Court held: The cause shown, supported by medical certificates of the petitioner's husband and the petitioner herself, constitute...
Civil Procedure – Additional Evidence – Order 41 Rule 27 CPC – Whether the appellate court can allow additional evidence not produced during the trial – Held, the appellate court can admit additional evidence when necessary to pronounce judgment or for substantial cause – The appellate court found that the deed of ‘Bondobosto’ by the Maharaja of Bardhaman,...
Motor Accident – Compensation – Appellants, wife and children of the deceased, challenged the compensation awarded by the Tribunal – The deceased died due to injuries sustained in a two-wheeler accident – The Tribunal dismissed the claim on the ground that the accident was self-inflicted and the insurance company was not liable – Held: The High Court set aside the Tri...