OSA. No. 16 of 2023...
The appeal before the High Court of Judicature at Madras arose out of a construction contract dispute between Tamil Nadu Housing Board (the employer) and M/s.Annamar & Co. (the contractor). The contra...
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High Court
Madras High Court Dismisses Appellant's Appeals Against Dismissal of Section 11 Application for Arbitrator Appointment; Protracted Litigation and Failure to Comply with Direction for Evidence on Existence of Arbitration Agreement Justify Dismissal. The Court Holds that the Order dated 15.12.2016 directing evidence had attained finality and could only be challenged by appeal to the Supreme Court, not via a subsequent application to eschew it....
The case before the High Court of Judicature at Madras involved two Original Side Appeals filed by M/s. Custodial Services India Private Limited against M/s. Metafilms (India) Ltd. The appeals challen...
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High Court
Madras High Court Upholds Single Judge's Rejection of Stay Applications in Civil Suits, Holding Section 151 CPC Cannot Override Specific Provisions. Stay of 2013 and 2016 Specific Performance Suits Was Denied as Section 10 CPC Requires Prior Suit and to Prevent Abuse of Process....
The appeals arose from the rejection of applications filed under Section 151 of the Code of Civil Procedure, 1908, seeking stay of two civil suits (C.S.No.581 of 2013 for specific performance and inju...
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High Court
Madras High Court Directs Revenue Authorities and Corporation to Evict Encroachers from Water Body in Contempt Proceedings. Court Finds Partial Compliance with Previous Eviction Order and Issues Further Removal Direction Under Section 11 of Contempt of Courts Act, 1971....
The contempt petition was instituted by S. Sunitha and Kokila seeking to punish the respondents for willful disobedience of the order dated 14.02.2024 passed in W.P.No.18877 of 2020. The earlier writ ...
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Supreme Court
Supreme Court Allows Appeal of Director Convicted for Electricity Theft — Acquittal Restored Due to Lack of Evidence of Personal Involvement. Vicarious liability under Sections 39 and 44 of Indian Electricity Act, 1910 cannot be imposed without proof of direct participation or knowledge of tampering....
The appellant, Mahaveer, was a director of M/s Rushi Steels and Alloys Pvt. Ltd., a company in Jalana, Maharashtra. The Maharashtra State Electricity Board (MSEB) officials noticed a 36.6% disparity b...
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High Court
High Court of Karnataka Dismisses Petition Challenging Cooperative Society Elections Due to Lack of Locus Standi. Non-Members Cannot Challenge Election Process of a Cooperative Society Under Article 226 of the Constitution of India....
The petitioners, eight women advocates, filed a writ petition under Article 226 of the Constitution of India challenging the election process of the Tumakuru District Advocates Association, a cooperat...
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High Court
High Court of Karnataka Dismisses Borrower's Challenge to Auction in SARFAESI Act Case Due to Suppression of Facts and Abuse of Process. The court held that the borrower's failure to disclose earlier litigation and filing of multiple proceedings disentitled them to relief, dismissing the writ petition with costs....
The petitioners, M/S. SLN Gaja Industries and its partner G. Lokesh, were borrowers from Canara Bank. They defaulted on a loan, and the bank initiated proceedings under the SARFAESI Act, 2002, culmina...
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Supreme Court
Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal....
The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions starting from a mortgage in 1943, followed by a co...
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Supreme Court
Supreme Court Quashes High Court's CBI Investigation Direction in Bail Application Due to Jurisdictional Overreach. High Court Exceeded Limits Under Section 439 CrPC by Issuing CBI Directions After Granting Bail, Without Exceptional Circumstances Required Under Article 226....
The State of Uttar Pradesh appealed against directions issued by a learned Single Judge of the High Court in a bail application. The High Court had directed the Director of the Central Bureau of Inves...
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Supreme Court
Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC....
The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit claiming the document was a gift deed granting he...
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