Service Law – Recruitment – Medical Examination – Candidate (ST woman) qualified prelims, mains, interview and document verification – Rejected for not appearing in medical test scheduled for “next day” after interview – Ambiguity in advertisement regarding date of medical test and no penal consequence prescribed – Held: Rejection disproportionate &n...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11 CPC – Maintainability – Plaintiff sought declaration of ownership of two properties in different districts, including one in Noida and one in Auraiya – Trial court rejected suit citing lack of jurisdiction over Auraiya property and failure to challenge lease deed – Held: Under Section 17 CPC, suit maintaina...
Income Tax – Section 80IA – Interest Income from Fixed Deposits – Deduction Allowed – The appellant, operating a port terminal under a BOT agreement with JNPT, placed funds in fixed deposits to meet mandatory obligations for crane replacement under the License Agreement and to hold disputed tariff collections as per a High Court order – Held: Since the deposits were m...
Patent Law – Amendment of Claims – Appeal Stage – Appellant challenged refusal of patent for medical device designed for extracorporeal removal of immune-suppressive microvesicular particles – Court allowed filing of auxiliary claims incorporating limitations as granted by European Patent Office – Held: Auxiliary claims narrowed scope without adding new matter and com...
Limitation – Condonation of Delay – Inordinate Delay – Appeal filed by Gram Panchayat after six years and fourteen days of trial court decree – Petitioner failed to establish any sufficient cause for such delay – Appellate court rightly rejected delay application – Held: Petitioner was aware of the decree and participated in trial – Delay not caused by any...
Insolvency Law – Transfer of Partnership Share – Appellant inducted as partner after father’s death; creditors initiated insolvency (1975); official receiver executed transfer deed (1983) in favour of respondent based on alleged offer/acceptance (Ex.P4, Ex.P6) – District Court (2004) found documents fabricated, cancelled transfer, restored appellant’s share – Hi...
Banking Law – Leasehold Plot – Validity of mortgage and e-auction sale of leasehold property allotted by DDA – Mortgage without prior permission of Lieutenant Governor held void – DDA’s rights of pre-emption and unearned increase ignored – Recovery Officer and Bank failed to disclose material encumbrances in auction proclamation – E-auction notice dated 27...
Electricity – Power Purchase Agreement – Diversion of allocated share – EPL diverted GUVNL’s contracted 58% share of 515 MW capacity to sister concern ESL – Held: Such diversion violated proportionate principle – GUVNL entitled not only to “compensation” at HTP-1 tariff (less variable costs) but also to reimbursement of fixed charges proportionately ...
Labour Law - Industrial Disputes Act – Definition of Workman – Supervisor Drawing Above Threshold Salary – Petitioner employed as Supervisor with salary above ₹10,000 – Labour Court held petitioner was not a workman under Section 2(s) – Held: Mere designation and salary do not determine status – Evidence showed petitioner had no powers of supervision...
Motor Accident Claim – Hit and Run – Eyewitness Reliability – FIR Delay – The appellants challenged the High Court’s reversal of compensation awarded by the Tribunal for the death of the first appellant’s husband in an alleged hit-and-run accident – Tribunal had accepted the testimony of PW2 (eyewitness) and awarded Rs. 16.02 lakhs – High Court rever...