Civil Procedure – Remand by First Appellate Court – Challenge in High Court against the remand order of the First Appellate Court that sent the original suit (OS No.227 of 1995) back for fresh disposal in the light of additional evidence – High Court scrutinized whether the First Appellate Court’s decision adhered to the procedural requirements under Order 41, Rule 28 of CP...
Contract Law – Interpretation of Force Majeure Clauses in Power Purchase Agreements (PPA) – Supreme Court’s appellate jurisdiction under Section 125 of the Electricity Act – Applicability of Force Majeure clause for extension of the Scheduled Commissioning Date (SCD) – Whether the delay in project commissioning due to delayed approvals from governmental authorities fa...
Service Law – Regularization of Service – The petitioner sought the antedating of his regularization as a Homeopathic Assistant either to his initial engagement date in 1992 or the date of sanction of the post in 2000. The court held that the petitioner’s service regularization was correctly dated to 06.03.2019, the date of the prior order of the High Court. The court rejected th...
Professional Misconduct – Advocates Act – Writ Petition allowed – The Court directed the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry to initiate appropriate disciplinary actions against the 5th respondent under the Advocates Act, 1961, for creating forged rental agreements to illegally occupy the petitioner’s property – Emphasized the need fo...
Civil Procedure – Rejection of Plaint under Order VII Rule 11(d) – Suit for injunction based on agreement for sale – Applicants (Defendants) sought rejection of the suit for perpetual injunction filed by the Respondents (Plaintiffs), on the ground that the Plaintiffs had no legal title to the suit lands. The Defendants argued that without a sale deed, the plaintiffs' possessi...
Contract Law – Recovery of Debt – Hypothecation Agreement – Appellant challenged the trial court’s decree for recovery of Rs. 2,88,667.50 with interest at 15.5% p.a. The High Court upheld the decree with modifications to the interest rate. It ruled that while the plaintiff bank (SBI) is entitled to recover the principal amount and simple interest, the contractual rate of in...
Wakf Law – Eviction Proceedings Under Section 52 of A.P. Wakf Act, 1995 – Legality of Corrigendum Notifications – High Court set aside the eviction orders issued under Section 52 of the A.P. Wakf Act, 1995, based on an erroneous Wakf notification dated 19.04.1962, which was corrected by a corrigendum issued in 2016. The Court held that the corrigendum notification should have bee...
Commercial Law – Pre-Institution Mediation – Applicability of Section 12A of the Commercial Courts Act, 2015 – The court reaffirmed that Section 12A mandates pre-institution mediation unless the suit “contemplates” urgent interim relief. The trial court had rejected the plaint on the grounds that pre-institution mediation was not exhausted. The appellate court set asi...
Arbitration – Award Interpretation – Contractual Terms – The Arbitrator awarded claims for uneconomic utilization of machinery, interest on delayed payments, and pre-reference interest under Section 31(7) of the Arbitration and Conciliation Act, 1996. The High Court set aside certain claims, emphasizing the need to adhere to specific contractual prohibitions. The Supreme Court pa...
Consumer Law – Real Estate Transaction – Appeal under Section 67 of the Consumer Protection Act, 2019 against NCDRC Order – Supreme Court upheld NCDRC's decision directing refund of Rs. 7,16,41,493 with interest to the respondent for deficiency in service and unfair trade practices – Allegation of double allotment of the flat substantiated, leading to confusion and impr...