Civil Law - Dismissal of Injunction Suit – Title Disputed – Amendment for Declaration Rejected – Appeal Dismissed – Plaintiff’s suit for permanent injunction over vacant land was dismissed by trial and first appellate courts on the ground that the documents relied upon were fabricated and did not establish clear title – Plaintiff’s application to ame...
Employment Law - Employees’ Compensation – Section 3 of the Employees’ Compensation Act, 1923 - Section 51E, 51C, 2(8), 46, and 53 of the Employees’ State Insurance Act - Commute-Related Death – Deemed Employment Injury – Deceased watchman met with a fatal accident while riding to work at 3 a.m. – High Court held that the accident did not occur d...
Cricket Ban - Section 15(4)(s) of the Bye-laws of the Kerala Cricket Association - Cricket Administration – Ombudsman Proceedings – Non-Impleadment of District Associations – Proceedings Revived – The appellant, a former Ranji player, filed an application before the Ombudsman seeking implementation of model bye-laws across district units – The application was dismisse...
Motor Accident Claim – Contributory Negligence – Rule 231 of the Road Regulation Rules, 1989 – Liability Reapportioned – The appellant, an engineering student, suffered amputation of his leg following a motor accident caused by sudden braking of a car, followed by a bus running him over – The Tribunal fixed 20% negligence on the appellant and 80% on the bus driver &nd...
Civil Law – Partition and Possession – Second Appeal - No Substantial Question of Law – Appeal Dismissed – The appellant challenged the concurrent findings of both the Trial Court and the First Appellate Court granting partition and separate possession of ½ share to the respondent/plaintiff – The Courts below based findings on admitted facts and evidence, inclu...
Civil Law – Declaration and Injunction – Allegation of Fraudulent Decree – Appeal against dismissal of suit for declaration and permanent injunction filed by legal heirs of Rugha Ram dismissed – Plaintiffs claimed that Rugha Ram, being of weak mental health, was defrauded into a mutual oral exchange of land for a house – Courts below held no evidence was adduced to pr...
Taxation Law - Section 9(1)(vii), Explanation 2; Section 147, Section 144C, Section 260A of the Income Tax Act, 1961 - DTAA Interpretation – ‘Make Available’ Condition – No Transfer of Technical Knowledge – Non-Taxability under Article 13 – The Court held that receipts from GIPL for providing access to an e-invoicing platform do not qualify as Fees for Technical...
Election Petition – Rejection under Order 7 Rule 11 CPC – Non-Compliance of Mandatory Provisions – Bombay High Court dismissed the election petition filed under Section 81 of the Representation of the People Act, 1951, challenging the election of the returned candidate on various grounds including EVM irregularities and corrupt practices – Held: Petition was defective for n...
Criminal Law – Rape - Section 376(3), 342, 504 of the IPC - Section 3, 4(2) of the POCSO Act – Appeal Against Conviction – Acquittal - False Rape Allegation – Discrepant Testimony – Medico-Legal Contradictions – Conviction Set Aside – The appellant was convicted for offences under Section 376(3) IPC and Section 3/4(2) POCSO Act on charges of raping his min...
Civil law – Declaration of Title and Possession – Failure to Prove Title – Appeal Dismissed – The appellant-plaintiff sought declaration of title over the ‘B’ schedule property and consequential relief of possession and injunction – Plaintiff failed to establish title by not producing foundational documents, including the prior sale deeds, and failed...