Writ Petition: Money Claim / Refund as consequential relief

"We are of the opinion that though the High Courts have power to pass any appropriate order in the exercise of the powers conferred under Article 226 of the Constitution, such a petition solely praying for the issue of a writ of mandamus directing the State to refund the money is not ordinarily maintainable for the simple reason that a claim for such a refund can always be made in a suit against the authority which had illegally collected the money as a tax.

We, therefore, hold that normally petitions solely praying for the refund of money against the State by a writ of mandamus are not to be entertained. The aggrieved party has the right of  going to the civil court for claiming the amount and it is open to the State to raise all possible defences to the claim, defences which cannot, in most cases, be appropriately raised and considered in the exercise of writ jurisdiction."

2001 (2) SCC 549 relied in ABL v. ECGC, 2004 (3) SCC 553

Offences by Companies - Directors

Directors is entitled to discharge once he proves that he was not director at the relevant time or was not officiating the the business of the company.  Shree Raj Travels [2010] 104 SCL 127 (Delhi)

Section 8 of Arbitration Act, 1996 - file original or certified copy

Parties are required to file original or certified copy of the arbitration agreement, failing which the application u/s 8 will be dismissed [2010] 104 SCL 13.

CLB and Arbitration : Articles v. Agreement

Gautam Kapoor v. Limrose Engg, [2007] 137 Comp Cas 513 (CLB - New Delhi)
if the allegations could be examined without reference to the terms of the agreement containing the arbitration clause, then the parties need not be referred to arbitration even if the subject-matter is covered in the arbitration agreement.


Enercom GmBH [2009] 91 SCL 60 (CLB - New Delhi)
if the subject-matter brought before this Board is the subject matter of Arbitration Agreement, the Board is bound to refer the parties to arbitration.
Relied in [2010]  104 SCL 13


Also:
Escorts Finance Limited v GR Solvents and Allied Industries Ltd., [1999] 96 Comp Cas 323 
we are of the view that the present disputes being disputes arising out of or in connection with the sponsorship agreement which provides for arbitration clause have to be referred to arbitration.... 


relied upon in [2011] 161 comp cas 427 (clb) - where apart from breach of agreement no allegation of oppression and mismanagement was made.

Interim order : Consumer Protection Act

Section 27 of the Consumer Protection Act, 1986 providing for punishment for breach of court's order applies also to interim orders. 2010 (6) Bom CR 241

Death of Arbitrator

Default appointment mechanism under Section 11 of the 1996 Act should be resorted to if the named arbitrator dies. The clause does not become unworkable. Khorshed E. Nagarwalla v. Daryus Panthkey, 2010 (6) BomCR 462 

Admission to School (Class XI and Class XII)

Raunak A. Gandhi v. Bhavans, 2010 (6) Bom CR 198

Bhavans (the School) has a right to adopt its own method for granting admission to students in the Xith Standard since its is part of the autonomy which the Bhavans (the School) possess as a private educational institution.

Expert Witness

In a medical negligence case, expert witness is not always necessary.
V. Kishan Rao v. Nikhil Super Speciality Hospital, 2010 (6) Bom CR 155 (SC)

Amendment / Deletion of Affidavits

Once affidavit in lieu of examination in chief is filed, it partakes character of examination in chief. There is no provision in the Code to enable court to order its deletion. 2010 (6) Bom CR 379

Imposition of costs on frivolous litigants

Principles explained in Vinod Sethi v. Devinder Bajaj, (2010) 8 SCC 1

economic duress and arbitrability

Sirajuddin Kasim v. Paramount Investment, (2010) 8 SCC 557 following Boghara Polyfab (2009) 1 SCC 267.

whether or not agreement was entered into under economic duress is arbitrable dispute.

Suit to claim interest alone

Mrs. Prabhadevi Ramgarib B. v. Divisional Railway Manager, Western Railway Manager, Manu/MH/0238/2010  (para 20).

See also:  2010 5 SCC 44, 56.


Rule 2, Order 2 (where only interest is claimed, principal is barred from being claimed) - AIR 1922 PC 23