Patent Law – Revocation of Patent – Lack of Novelty and Inventive Step – Section 64 of the Patents Act – Petitioner sought revocation of Patent No. 249376 for the process of preparing chiral beta-amino alcohols, claiming it lacked novelty and inventive step – Petitioner relied on prior arts, including European and US patents, alleging that the process steps, reactants...
Arbitration – Extension of Arbitrator's Mandate – Dispute regarding compensation for land acquired under the National Highways Act, 1956 – Petitioner challenged the arbitral award from 2018 – Arbitrator's mandate expired due to delay in proceedings without obtaining an extension under Section 29-A of the Arbitration and Conciliation Act, 1996 – High Court note...
Legal Representatives – Right to Adduce Evidence – Legal representatives of the deceased defendant sought permission to adduce evidence at the stage of final hearing – Petitioner opposed, arguing that the original defendant had already led evidence and cross-examined the witnesses – Court held that the legal representatives, having adopted the written statement of the decea...
Advocate's Right to Speech – Gag Order by Bar Council of India – Writ Petition Allowed – The petitioner, a practicing advocate, challenged the gag order imposed by the Bar Council of India restraining advocates from making public statements concerning alleged financial mismanagement in the Karnataka State Bar Council – The Court held that the Bar Council of India had no...
Grace Marks in MBBS Examinations – Applicability of New Guidelines – UGMEB Guidelines 2023 Prevail – Grace Marks Denied – Petitioners contended that the previous 2019 regulations allowed for grace marks, which should continue despite new guidelines. Held: The court ruled that the 2023 UGMEB Guidelines, effective from August 2023, which eliminated grace marks, apply to the J...
Refund of Stamp Duty – Section 49 of the Indian Stamp Act, 1899 – Refusal of Refund Upheld - The petitioner sought a refund of Rs. 65,37,500 paid as stamp duty and transfer duty for a sale deed that was refused registration. The High Court held that once the stamp duty has been utilized for a presented document, it cannot be refunded merely because the registration was refused for non-...
Eviction Suit – Judgment on Admission – Order XII Rule 6 of CPC – Admission Must be Clear and Unambiguous – Judgment Set Aside - The appellants challenged the eviction decree based on the alleged admission in a different case regarding the succession of tenancy rights. The Court emphasized that a judgment under Order XII Rule 6 requires an unequivocal and unconditional admi...
Stamp Duty – Imposition of Penalty – The appellant challenged the trial court’s order directing payment of ten times the deficit stamp duty penalty under Section 34 of the Karnataka Stamp Act. The appellant contended that the penalty should not have been imposed at the interlocutory stage and instead argued for the application of Section 37(2), allowing for a determination of pen...
University Regulations – Post-Publication Review – Retrospective Application – Petitioner challenged the suo motu review conducted by the University, which led to the reduction of her CGPA and resulted in her demotion from First Class First to First Class Second – University cited a resolution passed on December 24, 2018, requiring a review of the top three examinees if a p...
Municipal Law – Unauthorized Construction – Regularization of RCC Slab over Public Nallah – The petitioners, residents of Tarangan Housing Complex, challenged the TMC’s regularization of an unauthorized RCC slab and columns over a public Nallah, which obstructed access to the Complex. The High Court found that the regularization was granted despite TMC’s earlier demol...