Commercial Appeal – Suit for recovery of dues – Dismissal of suit by the Commercial Court on the grounds of limitation and existence of an arbitration agreement – Appellant challenges the impugned order – Jurisdiction of the court to entertain the suit not affected by the existence of an arbitration agreement – Suit barred by limitation for certain claims, but not all...
Injunction – Restraining Sale of Property – Appellants restrained from selling disputed property till further orders – Appeal against Single Judge's order in Original Suit for partition, declaration, and permanent injunction – Court maintaining status quo to protect property rights during litigation. [Para 1, 7, 8]
Property Rights – Sale of Property i...
Civil Suit – Grant of conditional leave to defend – Defendant challenges the Trial Court’s order granting conditional leave to defend – Defendant disputes financial transactions and execution of handwritten undertaking – Defendant failed to comply with the Trial Court’s directions and delayed approaching the Court – Defendant’s conduct indicates an i...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Modification of maintenance amount by Appellate Tribunal – Original order requiring each brother to pay Rs.700/- per month – Appellate order enhanced petitioner's payment to Rs.3000/- per month, leaving other brother's payment unchanged – Petitioner's challenge to the discriminatory enhancement. ...
Amendment Application Dismissal – Specific Performance Plea – Limitation Issue – The plaintiff’s application for amendment to include a specific performance plea was dismissed by the Trial Court. The proposed amendment was found to change the suit's nature, introduce a new cause of action, and was barred by limitation under Article 54 of the Limitation Act, 1963. [Paras...
Applicability of ESI Act – Coverage of Establishments – Inspection conducted by ESIC revealed 29 employees in the appellant's establishment, thereby falling under the ESI Act provisions. Appellant failed to produce necessary attendance and wage records. The court emphasized that establishments employing 20 or more coverable employees were liable under the ESI Act even without using...
Right to Information (RTI) – Maintenance in Matrimonial Proceedings – Wife's Entitlement to Husband's Salary Details for Maintenance Claim - Writ petition challenging the order of the State Information Commissioner directing the employer to furnish the petitioner's salary details to his wife, the fourth respondent, in context of pending matrimonial proceedings and maintenan...
Arbitral Award Modification & Judicial Intervention - Challenge to the High Court's judgment confirming the Senior Civil Judge's decision to modify the arbitral award - The issue concerns judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, and the scope of such intervention in arbitral awards. [Paras 1, 11-12, 14-15, 28-32, 37-43]
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Right to Claim Set-Off in Corporate Insolvency Resolution Process – Examining the applicability of set-off during the resolution process under the Insolvency and Bankruptcy Code, 2016 – Bharti Airtel Limited’s claim for set-off rejected by Resolution Professional and subsequently by the Adjudicating Authority. [Paras 1, 11, 30-34]
Interpretation of Set-Off – Di...
Title and Possession of Property – Ownership Claim through Sale Deed Validated – Plaintiff appellant’s ownership of disputed land established through registered sale deed dated 21.01.1966 from erstwhile Zamindar. Attempt to construct on land led to dispute in 1975. Trial Court and First Appellate Court's findings upheld, decreeing suit for possession in plaintiff's favor....