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...
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,...
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 ...
Service Law – Terminal Benefits – Gratuity and Provident Fund – Original writ petitioner was the dependent and physically incapacitated brother of deceased Assistant Teacher who died in service – Succession certificate obtained – Court held that even though not a minor, incapacity due to disability qualifies as dependency under Clause 5(s)(1) – Directed authorit...
Motor Vehicles – Compensation – Fatal Accident – Reassessment of Income – Deceased died in road accident due to negligent driving of bus which deviated from its permitted route – Tribunal awarded compensation of Rs. 18.86 lakhs based on notional income of Rs. 8,000/month – High Court reassessed income at Rs. 15,750/month with 40% future prospects, applying multi...
Practice and Procedure – Adverse Remarks Against Counsel – Modification of Order – Supreme Court had imposed Rs. 2 lakh costs and made adverse observations against State Election Commission’s counsel for persistent insistence despite repeated disinclination expressed by the Bench – Counsel filed Miscellaneous Application seeking expungement and waiver of cost – ...
Motor Accident Compensation – Dependency Units – Minor Dependents – Appeal by insurer challenging calculation of dependency on the ground that minor dependents should count as half unit under Rule 220-A(2) of UP Motor Vehicle Rules – Held: Constitution Bench judgment in Pranay Sethi and Sarla Verma lays down that each dependent, irrespective of age, is to be treated as one ...
Co-operative Societies – Election Disqualification – Default in Other Society – Not Automatic – Disqualification under Section 29C(1)(a) of Karnataka Co-operative Societies Act applies even to persons seeking election and not just those already elected – However, the disqualification is not automatic – Held: A person cannot be disqualified solely based on an all...