Challenging the selection Appointment to Public Office – Eligibility Criteria – Mandatory Compliance – The Supreme Court reiterated that statutory eligibility requirements for public appointments must be strictly adhered to – The third respondent lacked the requisite experience of 10 years as "Head of a Department" or "Head of an Organisation" as require...
Motor Accident Compensation – Determination of Income – Income Tax Returns as Conclusive Proof – The Tribunal and the High Court erred in computing the deceased’s income by ignoring his Income Tax Returns – The Supreme Court held that when available, Income Tax Returns should be considered a reliable document for determining income – Held: The deceased’s a...
Criminal Law – Murder and Rape Conviction – Acquittal – Appellant was convicted for murder, rape, and robbery of the deceased under Sections 302, 376A, and 392 IPC by the trial court – Prosecution relied on circumstantial evidence, including witness testimonies placing the appellant near the crime scene, recovery of stolen gold, and mud-stained clothes – Appellant cha...
Civil Writ - Maternity Leave – Third Pregnancy – Second Wedlock – Interpretation of Rule 101(a) of Fundamental Rules – Petitioner, a staff nurse in Government Rajaji Hospital, Madurai, was denied maternity leave for her third pregnancy on the ground that she already had two surviving children from her first marriage—Held: Petitioner had not availed maternity leave for...
Civil Law - Will – Burden of Proof – Right to Lead Rebuttal Evidence – The petitioner, as defendant No.1, claimed ownership based on a Will dated 29.06.2000 – The onus to prove the execution of the Will was on the petitioner – Once the defendant led evidence, the plaintiff had the right to rebut the same – Held: The plaintiff’s affidavit in rebuttal was co...
Civil Law - Abatement of Appeals – Substitution of Legal Representatives – Delay Condonation – Procedural Compliance Under Order XXII CPC – The High Court dismissed the second appeals as abated on the ground that no application for substitution was filed by Om Prakash Gupta’s heirs – The Supreme Court held that when an application for substitution had already be...
Patent Law – Section 117-A of the Patents Act – Appeal Not Maintainable – The impugned order was issued in a review proceeding under Section 77(1)(f) of the Patents Act – Section 117-A does not provide for an appeal against orders passed under Section 77(1)(f) – Held: The appeal is not maintainable and liable to be dismissed at the threshold [Paras 16-17].
Su...
Motor Accident Claim – Disability Assessment – Medical Board Report Disregarded – Compensation Enhanced – The claimant-appellant suffered severe head injuries in a road accident and was in a comatose state – The Medical Board certified 100% permanent disability, yet the Tribunal assessed it at 50%, which was upheld by the High Court – The Supreme Court held that...
Arbitration – Jurisdiction of Arbitral Tribunal – Oral Contract Establishing Joint and Several Liability – Award Upheld – The appellant, a stock broker, initiated arbitration against the respondents, a married couple, for the recovery of outstanding dues in the wife’s trading account – The arbitral tribunal found both respondents jointly and severally liable bas...
Family Pension – Legal Entitlement of Spouse – Employee Cannot Unilaterally Deny – Pension Not Part of Estate – The deceased employee had applied for voluntary retirement in 2003 and later removed the name of his wife and daughter from service records—He had also submitted a declaration stating he had divorced his wife—Upon his death, the respondent-wife claimed...