Territorial Jurisdiction – Writ Petition against TDSAT Order – Maintainability – Karnataka High Court lacks jurisdiction – Petitioners challenged execution order dated 01.09.2022 passed by TDSAT, New Delhi, under Article 226 – Petitioners contended that since notices for personal appearance were served in Bengaluru, Karnataka High Court had jurisdiction – Held: ...
Property Law – Injunction – Auction Sale – Challenge to possession – Appellants (legal heirs of original plaintiff) sought permanent injunction against Town Municipal Council (TMC) from interfering with their possession over suit properties – Plaintiffs originally filed suit for declaration of title, injunction and mutation of names in revenue records, but later restr...
Goods and Services Tax – Cancellation of Registration – Non-filing of Returns – GST registration of petitioner cancelled under Section 29(2)(c) of the CGST Act due to failure to file returns for six months – Petitioners contended they were unaware of the online procedure and could not respond to the show cause notice – Registration cancelled ex parte without assigning...
Civil Liability – Damages - Negligence by Licensing Authority – Non-issuance of Duplicate License – Driver prevented from duty – Appellant, a permanent DTC driver, lost his license in 1996; MLO refused duplicate citing expiry, though DTC records showed validity till 20.12.1996 – Civil Judge in earlier suit (2002) directed issuance of duplicate license, confirming vali...
Labour Law – Unfair Labour Practice – Continuous Engagement for Over 9 Years – Denial of Permanency – Petitioners employed as Firemen and Drivers by Malegaon Municipal Corporation since 2016–17 on six-month contracts – Worked uninterruptedly, with only technical breaks – Corporation admitted continuous engagement but denied permanency citing financial cons...
Motor Accident Claim – Delay in FIR – Not Fatal – FIR in the present case was lodged ten days after the accident – Held: Delay in FIR cannot by itself be a ground to reject claim – Human priorities in medical emergencies or last rites are valid reasons for delay – Reliance placed on Ravi v. Badrinarayan (2011) 4 SCC 693 [Paras 7, 10, 15]
Negligence – Ey...
Civil Procedure – Preliminary Decree – Order XII Rule 6 – Judgment on Admission – Trial Court passed a preliminary decree for partition of moveable assets based on admissions made in the written statement – Appellants contended that the deceased had already distributed moveable assets by designating nominees and joint account holders – Held: Designation of nomin...
Family Law - Custody of Minor – Welfare of Child – Preference of Child – Guardians and Wards Act – Custody Retained with Grandparents – Father (appellant) sought custody of minor son from maternal grandparents and uncle – Family Court dismissed the custody application while granting visitation rights – High Court found that child (aged 11) had been in cont...
Commercial tenancy – Section 12A CCA – Urgent interim relief & prior exemption order – O.VII R.11 refusal and interim injunction upheld – Petition dismissed [Paras 2–6, 7–8].
Commercial Courts Act, s.12A – Urgency & exemption – Where plaintiff sought urgent interim relief and the trial court had already granted a specific exemption from pr...
Family Law - Tribal Succession – Gender Equality – Burden of Proof – Scheduled Tribe (Gond) – Ancestral Property – Daughter’s Right to Inherit – Error in Law by Lower Courts – Appeal Allowed – Matter Remanded – Plaintiff, a daughter of deceased tribal father (Gond community), sought 1/5th share in ancestral house property – Trial Co...