Tenancy Law - Landlord-Tenant – Bonafide Requirement – Contradictory Pleas – Eviction petition filed under Section 14(1)(e) DRC Act on ground of bonafide need for opening boutique – Tenant granted leave to defend on triable issue of concealment regarding adjacent shop No. 2903 – Held: Learned ARC erred in presuming bonafide requirement without appreciating tenant&rsqu...
Motor Accident Claim – Assessment of Income – Evidence of Mining and Agricultural Activities – Compensation Enhanced – Tribunal treated deceased as unskilled labour earning ₹4,914 per month – High Court held that evidence of statutory mining consents, crane registration, EMI payments of ₹35,170 per month, and agricultural land indicated much higher income – ...
Succession Law – Proof of Will – Suspicious Circumstances – Appellants/defendants challenged concurrent judgments declaring Will of Late Sh. Satpal Chopra illegal and void – Trial Court and First Appellate Court found Will shrouded by suspicious circumstances – Held: Although attesting witnesses were examined, the burden lies on the propounder to dispel all suspicion ...
Administrative Law – Writ of Mandamus – Police Interference in Business Activity – Licensing of Chemicals – Petitioner engaged in purchase and sale of certain chemicals for which no explosives licence was required as confirmed by Deputy Chief Controller of Explosives (letter dated 15.02.2023) – Police allegedly visiting petitioner’s shop and obstructing business...
Arbitration – Appointment of Arbitrator – Second Round – Section 11 – Applicant sought appointment of Arbitrator after Award dated 06/06/2022 was set aside in its entirety by Section 34 Court – Though Section 37 Appeals are pending, Court held that under limited scope of Section 11, existence of arbitration agreement alone is to be examined – Held: Prima facie a...
Labour Law – Termination of Casual Workers – Ticca Mazdoors employed on need basis by RBI – Industrial Tribunal ordered reinstatement with back wages based on presumed completion of 240 days – Supreme Court held: Ticca Mazdoors not regular workers – Termination not illegal as workmen failed to prove continuous service – Tribunal wrongly placed burden on employer...
Essential Commodities Act – Sugar Price Fixation – Clause 5A Liability and SAP – Must be considered in levy sugar pricing – Central Government fixed levy sugar price for sugar years 1983–84 and 1984–85 without accounting for additional cane price under Clause 5A of Sugarcane (Control) Order, 1966 and State Advised Price (SAP) under UP Act – Held: Clause 5A...
Civil Procedure – Maintainability of Suit – Notice under Section 80 CPC and Section 401 M.P. Municipal Corporation Act – Suit for declaration and injunction against Municipal Corporation held not maintainable in absence of mandatory statutory notice – Trial Court rightly dismissed suit on this ground – High Court erred in overlooking statutory bar [Paras 7, 10(b), 30-...
PIL - Motor Vehicles – High Security Registration Plates (HSRP) – Enforcement of Statutory Scheme – States directed to take final decision within six months – Petitioner sought implementation of Supreme Court's earlier judgment in Association of Registration Plates v. Union of India regarding mandatory use of High Security Registration Plates (HSRP) under Rule 50 of CMV...
Service Law – Notional Promotion – Claim to Ante-dated Promotion – Promotion must be from date of actual appointment and not from date of vacancy – Appellant promoted as General Manager on 29.11.1996 – Claimed notional promotion w.e.f. 13.3.1996 with consequential benefits and seniority over private respondents – Tribunal rejected claim – High Court grante...