Transfer of Matrimonial Cases – Jurisdiction and Convenience – Husband and wife filed petitions for divorce and maintenance in Family Courts at Muvattupuzha and Thalassery respectively – Transfer petitions filed by both parties were disposed of by a Single Judge – Appeal by husband challenging the jurisdiction of Family Court, Thalassery, was dismissed – Appeals again...
Rent Law - Landlord-Tenant Relationship – Proof of Authority and Derivative Title – Whether Agreement to Sell and Power of Attorney Establish a Valid Landlord-Tenant Relationship – Held: An agreement to sell combined with a power of attorney grants the landlord authority to collect rent and seek eviction. Under Section 2(c) of the 1949 Act, the landlord need not necessarily be th...
Industrial Law – Wrongful Termination – Compliance with ID Act – The case involved the State of Punjab's challenge to the Industrial Tribunal's award, which found the termination of Kamaljit, a work-woman, to be in violation of the Industrial Disputes Act, 1947. The Tribunal had ordered her reinstatement with 50% back-wages from the date of the demand notice, citing non-c...
Public Auction – Revision of Reserve Price – Petitioner challenged the rejection of their application for a plot in SEZ Phase-II Sitapura Industrial Area due to the subsequent revision of the reserve price. The court upheld the rejection, emphasizing that the highest bidder does not have a vested right to have the auction concluded in their favor if the conditions change before the auc...
Review Jurisdiction – Grounds for Review – Petitioner seeks review of dismissal order, arguing substantial questions of law were raised but not considered by the court – Review petition examined under Order XLVII Rule 1 CPC – Review permissible on grounds of discovery of new evidence, error apparent on face of record, or other sufficient reason [Paras 1-22].
Er...
Income Tax – Charitable Purpose – Educational Activities – Assessee, NIIT Foundation, a society registered under the Societies Registration Act and granted registration under Section 12A of the Income Tax Act, engaged in educational and skill development activities for underprivileged youth – Revenue challenged tax-exempt status, claiming activities were commercial – ...
Constitutional Law – Protection of Life and Liberty – Live-in Relationship – The petitioners, Harpreet Kaur and another, filed a writ petition under Article 226 of the Constitution of India seeking protection of their life and liberty, as they feared harm from relatives unhappy with their live-in relationship. The court acknowledged the petitioners' right to protection irresp...
Specific Performance – Rejection of Plaint – Limitation and Forgery Allegations - The appellants sought specific performance of a sale agreement regarding property sold by the first respondent to the deceased K.S.N. Manoharan. The trial court dismissed the suit under Order VII Rule 11 of the CPC, based on allegations of forgery and limitation. The High Court reversed this decision, hol...
Arbitration – Appointment of Arbitrator – The applicants sought the appointment of a neutral arbitrator, challenging the named arbitrator's eligibility on the grounds of a professional relationship with the respondent. The court held that an arbitrator's ineligibility under Section 12(5) of the Act, read with the Seventh Schedule, terminates the mandate of the arbitrator, and t...
Ancestral vs. Self-Acquired Property – Suit by sons challenging the self-acquired nature of property decreed in favor of grandsons – Trial Court held land in village Salala as self-acquired based on a sale deed and land in village Pattar Kalan as ancestral – Appeals filed by both parties – First Appellate Court dismissed all appeals without considering application for addit...