Civil Law - Execution Proceedings – Ad Interim Injunction – Scope of Power of Executing Court – Executing Court granted ex parte ad interim injunction restraining decree-holder from disturbing possession of third party/licensee – Held: Executing court cannot practically grant an automatic stay of execution in absence of stay from appellate court – Filing of appeal doe...
Public Contracts – Delay in Submission of Security – Blacklisting – Proportionality – Contractor failed to submit APS and ISD by 22.07.2024 due to illness and deposited on 24.07.2024 – Explained delay with medical certificate – Tender cancelled, portal registration blocked, and contractor blacklisted for three years – Held: Delay of two days was due to bon...
Service Law – Regularization – Clause 4(C) of Model Standing Orders – Industrial Court allowed complaints directing NMC to grant permanency to Safai Karmacharis who had completed 240 days' service annually – High Court held that Clause 4(C) does not confer automatic right to regularization in absence of sanctioned posts – Orders granting such relief without sancti...
Arbitration – Execution of Award – Interest for Period of Deposit in Court – Conflicting Orders – Decree Holders in separate proceedings claimed interest from the date of deposit by Judgment Debtors till actual withdrawal – In one case, interest allowed; in the other, denied – Held: Both appeals relate to execution of awards and do not fall within appealable ord...
Lok Adalat Award – Sale Certificate without Auction – Invalid – Madras HC quashes award and registration; directs parties to approach Execution Court.
Lok Adalat Award – Scope of Jurisdiction – Legal Services Authorities Act – Award cannot be passed beyond terms of settlement – Lok Adalat has no adjudicatory power – Award dated 02.09.201...
Civil Law – Forensic Examination – Alleged Tampering of Sealed Documents – Mere Apprehension – No Foundational Basis – Administrative Enquiry Found No Tampering – Photocopies Identical to Originals – Article 227 Petition Dismissed with Costs [Paras 2, 5–8].
Evidence Act – Section 45 – Forensic Examination – Mere Apprehension Insu...
Writ Jurisdiction – Direction for Registration of FIR – Housing Project Dispute – Petitioners sought directions under Article 226 read with Section 482 Cr.P.C. for investigation by CVC/CBI and registration of FIR against NBCC and its joint venture partner for alleged violations of statutory directions, poor construction, misappropriation of funds and cheating – Held: High C...
Tender Conditions – Judicial Review – Turnover Criteria – Challenge to Clause 5.2 of the tender document prescribing a minimum annual turnover of ₹9 crores for eligibility and awarding marks based on turnover brackets – Petitioner alleged the clause to be arbitrary, vague, and designed to favour a specific class of bidders – Held: Tender inviting authority justified...
Revenue Law – Private Lease under Section 94 – Locus Standi – Petition Dismissed – Petitioner, who was a rival applicant for IOCL dealership, challenged a private lease deed executed under Section 94 by alleging it was contrary to permitted use under the Code – Held: Petitioner is neither lessor nor lessee, nor owner or co-sharer of the land, and thus has no locus sta...
SARFAESI Act – Parallel Proceedings – Constructive Res Judicata – Petitioners challenged SARFAESI actions under Sections 13(2), 13(4), and 14 after having unsuccessfully litigated in earlier writ petitions and appeals up to the Supreme Court – Held: Present writ petition barred by constructive res judicata – Petitioners impermissibly sought to relitigate issues alread...