Labour Law – Territorial Jurisdiction – MRTU & PULP Act – Situs of Employment – Cause of Action – Head Office as Nerve Centre – GlaxoSmithKline Impliedly Overruled – The Division Bench of this Court in GlaxoSmithKline Pharmaceuticals Ltd. held that the situs of the employee’s employment alone governs territorial jurisdiction – Held: This vi...
Family Law – Return of Gold Ornaments/Istridhan – Recovery Claim – Marriage Gifts – Wife claimed 65 sovereigns of gold ornaments were entrusted to husband and in-laws – Family Court allowed recovery of 52.955 sovereigns or value thereof – Held: Photographs and evidence proved possession of at least 53 sovereigns – Admission of husband inconsistent – ...
Property Law – Easement of Grant – Boundary Description – Appellant claimed right of pathway over ‘B’ Schedule property described as “common battai” in sale deed of 09.06.1964 – Contended that mention of pathway as boundary conferred easementary right – Held: Mere reference to a “pathway” as boundary does not amount to an express or...
Civil Law – Amendment of Pleadings – Order 6 Rule 17 CPC – Subsequent Events – Due Diligence – Petition against order of Appellate Authority rejecting amendment application – Petitioner sought to amend plaint to incorporate facts discovered during pendency of appeal based on Local Commissioner’s report showing new construction by respondent despite status ...
Civil Law – Commercial Recovery – Dismissal of Suit – Appeal – Plaintiff textile company filed suit for recovery of ₹7,86,101/- against event organiser alleging breach of booth fabrication contract for international exhibition in Frankfurt – Trial Court dismissed suit for lack of evidence and non-joinder of necessary party – Held: Plaintiff failed to prove cla...
Contract Law – Specific Performance – Agreement to Sell – Appeal against rejection of specific performance on ground of illegality – Plaintiff-bank entered into agreement to purchase 8 flats to be constructed on a 300 sq. yd. plot for ₹32.07 lakhs – Plaintiff paid ₹28.86 lakhs (about 90%) – Construction not completed – Plaintiff filed suit for specific...
Arbitration – Execution of Arbitral Award – Stay of Award – Modification of Conditions – Petition filed by NHAI under Article 227 seeking modification of order of Additional District Judge, Patiala, which had stayed operation of arbitral award dated 12.07.2019 subject to deposit of 100% of enhanced compensation and release of 50% to land-losers upon furnishing indemnity bon...
Intellectual Property – Trademark Infringement – Device Mark – Word Mark – Invalid Registration – Concealment – Appeal Dismissed – Appellant had valid registration only for device mark containing the word QUANTUM and not for the standalone word mark – Registration certificate for the word mark obtained improperly without applying for it – Appel...
Land Acquisition – Section 24(2) of 2013 Act – Compensation Enhancement – National Highways Act – Notification under Section 3A issued for acquisition of land for widening of NH-44 – Competent Authority awarded compensation @ ₹1220.88 per sq.m. – Petitioner sought higher compensation citing sale deeds of adjacent lands – Arbitrator under Section 3G(5) re...
Education Law – D.El.Ed. Eligibility – Government Order – Judicial Review – Prospective Quashing of G.O. – Restored – Learned Single Judge quashed Clause 4(1) of the Government Order dated 09.09.2024 prescribing graduation as minimum eligibility for D.El.Ed. course – Held: State Government empowered under Clause 3.3 of NCTE Regulations, 2014 to frame polic...