Tenancy Law - Eviction Petition – Bona fide Requirement – Section 14(3)(b)(i) Rent Act – Eviction Upheld – Landlord sought eviction to expand business and settle younger son; tenant resisted alleging harassment, sufficient income/pension, and alternate accommodation – Held: Landlord is best judge of his requirement; Court cannot dictate manner of expansion – Bon...
Motor Accident Claim – Assessment of Income for Minor Victim – High Court and Tribunal Orders Modified – The appellant, an 8-year-old child, suffered 90% permanent disability due to a motor accident – Tribunal awarded Rs.3.9 lakhs, High Court enhanced to Rs.8.65 lakhs – Supreme Court held that minor victims cannot be treated as non-earning individuals – Income m...
Family Law – Divorce – Grounds of Cruelty and Adultery – Divorce Decree Set Aside – Respondent-husband was granted divorce by Family Court citing cruelty and desertion – High Court on appeal found no specific incidents of cruelty or reliable evidence of adultery – Allegations of illicit relationship with co-respondent were unsubstantiated – Evidence showed...
Motor Accident Claim – Functional Disability – Medical Board Certificate – Acceptance Limited - Claimant suffered hemipelvectomy and produced 90% disability certificate – Supreme Court accepted the medical evidence but held that for compensation purposes, 50% functional disability was rightly assessed by High Court based on actual earning capacity and use of prosthetic limb...
Anticipatory Bail – Modification During SLP Pendency – High Court's Jurisdiction Restrained – Stay Issued - The petitioners challenged the anticipatory bail granted to respondent no. 1 in 31 criminal cases related to financial fraud – Despite pendency of SLP, the High Court permitted modification of bail condition allowing travel abroad – Held: Such modification d...
Motor Accident Claim – Causal Connection Between Accident and Death – Claim Rejected - The deceased, an Excise Guard, died of pulmonary embolism five months after sustaining leg and finger fractures in a road accident – Supreme Court upheld High Court’s finding that there was no proximate or direct causal link between the accident and death – Held: Death not attributa...
Criminal Writ – Hit-and-Run Investigation – Mandamus Issued – Police Found Negligent – Petitioner sought Writ of Mandamus directing filing of charge-sheet in a fatal road accident involving her son – FIR was registered on 17/08/2022 but investigation remained stagnant – Court found initial investigation grossly negligent and directed departmental inquiry against...
Civil Procedure – Order XIV Rule 2(2) CPC – Section 10 CPC – Appeal against refusal to frame preliminary issues and to stay trial – Dismissal of appeal – Disputed factual matrix around family settlement (21.07.1998), relinquishment (05.06.1984), gift deeds (23.12.2004, 20.02.2008, 02.04.2012) and will (16.03.2010) required evidence – Issues did not go to jurisdi...
Civil Law - Limitation – Registered Document – Deemed Knowledge – Suit Barred – The petitioners challenged the trial court's rejection of their application under Order 7 Rule 11 CPC on grounds that the plaintiff’s suit was barred by limitation – The plaintiff sought to challenge a Will of 1968 and registered sale deeds of 1992 and 2006 only in 2012, pleading...
Motor Accident Claim – Compensation – Enhancement – Section 168, Motor Vehicles Act – Compensation Enhanced – Claimant, a 29-year-old labourer, suffered multiple injuries and 30% permanent disability in a road accident – MACT awarded ₹66,000/- with 6% interest – High Court held Tribunal erred in ignoring Disability Certificate issued by Medical Board &nd...