Limitation – Suit for Recovery – Applicability of Article 14 – Not a Mutual Open Account – Plaintiff company supplied tyres and flaps on credit between 1980 and 1984 – Defendant made part payments totaling ₹2,27,380/-, and plaintiff sought to recover ₹34,971.05 with interest – Trial Court held suit within limitation based on last payment in March 1983 &ndash...
Civil Writ - Immigration Law – Deportation – Exit Permit – Mother and minor daughters found living in a cave in Gokarna – Russian Consulate issued Emergency Travel Documents (ETDs) requesting immediate repatriation – Mother explicitly communicated her intent to return to Russia with children – FRRO processing Exit Permits – Held: Action of authorities in f...
Electronic Evidence – Certificate under Section 65-B – Non-production by original device owner – Order quashed – Tribunal allowed electronic evidence based on a certificate from a person other than the one who recorded it – Held: As per Anvar P.V. and Arjun Panditrao Khotkar, such certificate must be issued by the person in control of the original recording device &nd...
Limitation – Condonation of Delay – Inordinate Delay – Appeal filed by Gram Panchayat after six years and fourteen days of trial court decree – Petitioner failed to establish any sufficient cause for such delay – Appellate court rightly rejected delay application – Held: Petitioner was aware of the decree and participated in trial – Delay not caused by any...
Motor Accident Claim – Hit and Run – Eyewitness Reliability – FIR Delay – The appellants challenged the High Court’s reversal of compensation awarded by the Tribunal for the death of the first appellant’s husband in an alleged hit-and-run accident – Tribunal had accepted the testimony of PW2 (eyewitness) and awarded Rs. 16.02 lakhs – High Court rever...
Labour Law - Industrial Disputes Act – Definition of Workman – Supervisor Drawing Above Threshold Salary – Petitioner employed as Supervisor with salary above ₹10,000 – Labour Court held petitioner was not a workman under Section 2(s) – Held: Mere designation and salary do not determine status – Evidence showed petitioner had no powers of supervision...
Electricity – Power Purchase Agreement – Diversion of allocated share – EPL diverted GUVNL’s contracted 58% share of 515 MW capacity to sister concern ESL – Held: Such diversion violated proportionate principle – GUVNL entitled not only to “compensation” at HTP-1 tariff (less variable costs) but also to reimbursement of fixed charges proportionately ...
Banking Law – Leasehold Plot – Validity of mortgage and e-auction sale of leasehold property allotted by DDA – Mortgage without prior permission of Lieutenant Governor held void – DDA’s rights of pre-emption and unearned increase ignored – Recovery Officer and Bank failed to disclose material encumbrances in auction proclamation – E-auction notice dated 27...
Insolvency Law – Transfer of Partnership Share – Appellant inducted as partner after father’s death; creditors initiated insolvency (1975); official receiver executed transfer deed (1983) in favour of respondent based on alleged offer/acceptance (Ex.P4, Ex.P6) – District Court (2004) found documents fabricated, cancelled transfer, restored appellant’s share – Hi...
Motor Accident Compensation – Survival of Claim – Injured claimant rendered 100% disabled in accident, died during pendency of appeal (2024) – Insurer argued claim abated under Section 306 Succession Act – Court held amended Section 167(5) MV Act (w.e.f. 01.04.2022) expressly provides right survives to legal representatives irrespective of cause of death – Claim conti...