Partition Suit – Grandchild’s Claim – Oral Family Settlement – Proof and Effect – Plaintiff, granddaughter of original owner, sought partition of residential property alleging joint ownership and illegal exclusion – Defendants pleaded oral family arrangement whereby suit property fell to their share and another property to plaintiff’s branch – Eviden...
Motor Accident Compensation – Doctrine of Election – Section 167 Motor Vehicles Act – Bar against Dual Remedies – Claimants initially filed claim petitions before MACT under the Motor Vehicles Act, 1988 and received compensation pursuant to awards passed by MACT – Thereafter, claimants again approached the Workmen’s Compensation Commissioner under the Workmen&rs...
Civil Writ - Recruitment Examination – Alleged Paper Leak and Mass Copying – Systemic Malaise – Petitioners sought quashing of entire recruitment process alleging circulation of OMR sheets on social media, identical wrong answers, geographical concentration of toppers and collusion – Held: Mere suspicion, conjecture or post-result dissatisfaction is insufficient to vitiate ...
Labour Law - Employees’ Provident Fund – Scope of “Basic Wages” – Section 2(b) and Section 6 of the EPF Act – Principle of universality – Emoluments payable universally and ordinarily to all employees alone constitute basic wages – Allowances not earned by all employees or not paid by all establishments stand excluded unless specifically included by ...
Civil Law – Rejection of Plaint – Order VII Rule 11(d) CPC – Scope and Limits – Power under Order VII Rule 11(d) CPC is drastic and must be exercised strictly on the basis of averments in the plaint alone – Written statement, defence pleas, and disputed facts cannot be considered – If on a meaningful reading of the plaint, the suit is not ex facie barred by law,...
Domestic Violence Act, 2005 – Shared Household – Alienation by Husband – Rights of Wife – Bona fide Purchaser – Wife claimed right to continue in matrimonial home after husband sold property to third party during matrimonial dispute – Property sold through registered sale deed – Held: Right of residence under Section 17 DV Act does not confer indefeasible ...
Patent Infringement – Interim Injunction – Software / System Patent – Layered Interactive Content – Claim Construction – Doctrine of Equivalents – Appellate Interference – Appeal under Section 13(1) Commercial Courts Act challenging interim injunction restraining Defendant from using “Present and Record” feature – Patent relates to system...
Medical Reimbursement – Emergency Treatment – Non-Empanelled Hospital – Petitioner’s wife admitted in critical condition and underwent life-saving surgeries in a private hospital – No time to seek prior permission or approach empanelled hospital – Emergency certificate subsequently issued and bills duly verified – Only a nominal amount reimbursed without r...
Arbitration – Section 34 – Inordinate Delay in Pronouncement of Award – Effect on Validity – Arbitral award reserved on 06.03.2021 and pronounced on 06.03.2023 – Delay of about two years after reserving the award – Held: Delay by itself is not a ground to set aside an award, but where such delay is unexplained and adversely reflects on the findings, the award st...
Service Law – Selection Process – Fair Price Shop Dealer – Allocation of Marks for Interview – Judicial Restraint on Finalisation of Selection – Non-est Selection – Notification issued inviting applications for appointment of Fair Price Shop dealer providing 50 marks for written test and 50 marks for oral interview – Appellant secured full marks in written...