Patent Law – Refusal of Application – Section 117A of Patents Act – Appeal Dismissed – The appellant challenged the order of the Assistant Controller refusing its national phase application for “material comprising a stack of thin layers” on the ground of lack of inventive step under Section 2(1)(ja) and Section 25(1)(e) of the Act – The Court held that co...
Land Acquisition – Requisitioning and Acquisition of Immovable Property Act, 1952 – Solatium and Interest – Delay in Appointment of Arbitrator – Equitable Relief – Lands requisitioned and later acquired for defence purposes – Arbitrator appointed after 16 years’ delay – Awarded compensation ranging from Rs. 50/- to Rs. 200/- per marla with solatium (...
Land Acquisition – Requisitioning and Acquisition of Immovable Property Act, 1952 – Solatium and Interest – Non-statutory grant – Whether permissible – Held: Although the Act does not expressly provide for solatium or interest, where there is inordinate delay (16 years) in appointment of arbitrator for determining compensation, equitable principles justify award of so...
Landlord and Tenant – U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Ejectment and arrears of rent – Petitioner (tenant) challenged title of landlords and alleged fraudulent transfer of property – Held: Small Cause Court rightly refused to frame issues on ownership or title – Under Section 23 of Provincial Small Cause Courts Act, 1887, Sma...
Civil Procedure – Abatement – Bringing Legal Representatives on Record – Order 22 Rules 3 & 9 CPC – Appellant died on 28.11.2007; application for substitution filed only on 15.04.2010 – Delay of 778 days – Plea that LRs were unaware of pending appeal and came to know only in 2010 – Held: Unacceptable. Applicants acted with gross negligence and approach...
Service Law – Departmental Enquiry – Denial of Reasonable Opportunity – Principles of Natural Justice – Respondent-employee (Development Officer, LIC) dismissed after ex-parte enquiry – Inquiry report not furnished and no effective opportunity of cross-examination granted – Held: Entire enquiry and orders passed by Disciplinary Authority, Appellate Authority, an...
Civil Law - Intellectual Property – Trademark Infringement – Ex Parte Injunction – Plaintiff alleged infringement of its registered marks ‘GOBOLD’, ‘GOJOLT’, and ‘GOVO’ by defendant’s use of ‘GOBOULT’ – Commercial Court granted ad-interim injunction without notice – Defendant argued that 'GOBOULT' is a regi...
Constitutional Law – Article 282 – Scope and Power to Grant – Public Purpose – Federal Structure – The Members of Parliament Local Area Development Scheme (MPLADS) challenged as ultra vires the Constitution – Contention that expenditure from Consolidated Fund without separate law violates Article 266(3) – Held: Appropriation Acts passed by Parliament const...
Administrative Law – Change of Land Use – Industrial to Residential – Validity of Government Refusal – PSIEC sought to convert surplus industrial land in Phases VIII-A and VIII-B, Mohali into residential plots under “Industrial Housing Scheme” – State Government, owner of the land, refused permission citing larger public interest and industrial policy &nda...
Evidence Act – Sections 35 & 114 – Public Documents – Probative Value – Entries in school registers, voter lists, and official certificates may be admissible under Section 35 but probative value must be assessed based on authenticity and source of information – Inconsistencies in age and birth records leading to absurd results (e.g., mother giving birth before her...