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DELHI HIGH COURT
C.HARI SHANKAR
M-Power Energy India (P.) Ltd. – Appellant
Versus
Sumana Mazumdar – Respondent
| Table of Content |
|---|
| 1. claim initiated against termination of service. (Para 1 , 2 , 3 , 4) |
| 2. legal heir entitled to continue suit. (Para 5 , 6 , 8) |
| 3. cpc provisions on substitution of parties. (Para 7 , 9 , 10) |
| 4. distinction between tort and contract in claims. (Para 20 , 21 , 22) |
| 5. right to sue survives partly on tort, partly on contract. (Para 25 , 26 , 28) |
| 6. petition dismissed, no merit found. (Para 36 , 37 , 38) |
1. This petition under Article 227 of the Constitution of India emanates from CS 10886/2016, instituted by the original plaintiff Sumana Mazumdar (since deceased and sought to be represented by her sister and sole surviving legal heir Sadhana Mazumdar) against the petitioners and other defendants.
2. Given the nature of the controversy in this petition, it is necessary to distil, in brief, the claim of Sumana Mazumdar in the suit instituted by her.
3. Sumana Mazumdar joined the services of Petitioner 1 on 26th November 2002 as Senior Manager, Business Development. She was promoted as Assistant General Manager, Business Development on 1st April 2006 and, further, as Head, Business Development on 1st April 2008. She continued, except for a brief stint wh
The right to sue survives if the claim is founded partly on contract, allowing a legal representative to continue an employment dispute upon the original plaintiff's death.
Point of Law : Petitioners want the Summons issued by the learned Trial Court to be quashed and set aside simply because in their view the Civil Suit is not maintainable and its filing is an abuse of....
The requirement for pre-institution mediation under Section 12-A(1) of the Commercial Courts Act can be bypassed if the suit seeks urgent interim relief, despite previous orders maintaining status qu....
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
The Court established that the supervisory jurisdiction under Article 227 cannot be exercised when an alternative remedy is available, particularly in succession matters.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
The transfer of suits under Article 227 of the Constitution may occur without identical parties if substantial overlap in the subject matter exists, as per Section 24 of the CPC.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
A trust may represent legal actions even without explicitly stating its nature in the plaint; proper procedural follow-through is essential for parties' substitutions in litigation.
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