Legal Profession – Enrollment Fees – Overcharging by State Bar Councils – Court’s direction in Gaurav Kumar v. Union of India reiterated – Supreme Court observed that despite earlier directions dated 30-07-2024, some State Bar Councils continue to collect enrollment fees in excess of the statutory limit – Bar Council of India (BCI) reported it had communicated w...
Arbitration – Ineligibility of Arbitrators – Section 12(5) read with Seventh Schedule – Tribunal comprising employees of respondent declared void ab initio – Held: Clause 64(7) of GCC provides for applicability of Arbitration Act, 1996 and statutory modifications – Conduct of both parties invoking amended provisions, including Section 33, shows implied agreement to ap...
Tenancy – Eviction – Bona Fide Requirement – Greater Hardship – Landlord's Requirement Upheld – Section 16(1)(g) Maharashtra Rent Control Act – Landlord pleaded bona fide requirement of tenanted room for personal residential use due to growing family and marriage of son – Defendants had purchased alternate house in Bhusawal and were not residing in sui...
Motor Accident Claim – Fatal Accident – Final-Year Medical Student – Future Prospects – Assessment of Deemed Income – Enhanced Compensation Awarded – Deceased was a final-year MBBS student killed in a bus accident – Tribunal awarded compensation of ₹54,80,000 on notional income of ₹35,000 per month with 50% future prospects and multiplier M-17 – ...
Limitation – Condonation of Delay – Delay of 435 Days – Rejected – State sought condonation of 435-day delay in filing appeal against decree dated 10.09.2022 – Claimed delay due to procedural steps, internal processing, and official hierarchy – Held: Documents on record showed Collector Ratlam was aware of the decree as early as August 2023 – Despite this,...
Insurance Law – Fire Insurance – Cause of fire immaterial in absence of insured-instigation – Surveyor’s inference of “non-accidental” fire found unreasoned – Incident held accidental – NCDRC’s finding on liability affirmed – Interest modified to 6% p.a. from three months after the incident – Appeals: insurer dismissed, insured part...
Ad-interim injunction - Intellectual Property – Copyright Infringement – Cinematograph Film – Plaintiff claimed exclusive rights in film “Mee Shivajiraje Bhosale Boltoy” including script, dialogues, title, and promotional material – Defendant's film “Punha Shivajiraje Bhosale” alleged to be a derivative or substantial reproduction – Held: N...
Civil Procedure – Res Judicata – Suit for Injunction Barred by Prior Decree – Appellant-plaintiff, claiming as Karanavan of Kadapurathaillam Tarwad, filed suit for prohibitory injunction alleging unlawful possession by members of a Thavazhi – Trial Court dismissed suit as barred by res judicata based on earlier decisions (OS 47/1969 and OS 6/1975) – Held: Prior suit i...
Banking Law - Debt Recovery – SARFAESI Proceedings – Maintainability of Writ – Appellant, a Small Enterprise under the MSMED Act, challenged action taken by the Bank under Section 13 of the SARFAESI Act citing failure to follow RBI’s rehabilitation guidelines – Contended that Bank could not invoke SARFAESI without exploring rehabilitation under 2015 RBI Notification &...
Service Law – Inter se Seniority – Assistant Commandants in SSB – Seniority lists issued in 2020 challenged by promotees, LDCE appointees, and direct recruits – Issue revolves around whether seniority should be fixed under Rule 5(2) (order of selection) or Rule 5(3)(iv) (date of continuous appointment) of the 2010 Recruitment Rules – Court holds that 2003 Rules stood ...