Service Law – Regularisation – Omission from Earlier List – Entitlement Established – The Travancore Devaswom Board sought permission to regularise the services of three additional respondents who had completed five years of service as on 31.03.2012 – Their omission from the list regularised pursuant to judgment dated 31.05.2012 in W.P.(C) No. 6021/2011 was inadverten...
Service Law – Lokayukta Enquiry – Preliminary Memorandum Issued by Deputy Registrar – Not Invalid – Petitioner challenged departmental enquiry alleging procedural illegality under Section 9(3) of the Karnataka Lokayukta Act, contending only Lokayukta/Upa-Lokayukta could issue preliminary notice—Held: Though issued by Deputy Registrar, it was under Upa-Lokayukta’...
Service Law - Service Jurisprudence – Change in Cadre Structure – District Cadre to State Cadre – Notification Challenged – Notification upheld - Petitioners, serving as Senior Assistants and other clerical staff, challenged the notification dated 03.10.2023 converting posts from district/division cadre to State cadre – Held: The notification does not infringe upon an...
Ex-Parte Injunction – Delay in Seeking Relief – Non-Commercial Suit – Interim Relief Denied – Plaintiff filed suit nearly two years after accepting defendants’ resignation and receiving their clarificatory responses – Court held that such delay defeated claim for urgent, ex-parte relief – Trial Court rightly observed no exceptional urgency warranting ex-pa...
Civil Law – Specific Performance - Film Assignment Agreement – Breach by Premature Release – Injunction Granted – Plaintiff held exclusive Hindi and North Indian language rights for the film ‘Veera Deera Sooran’ – Defendant planned Tamil theatrical release on 27.03.2025 without delivering materials as agreed – Court held: delivery of Theatrical Relea...
Patent Law – Inventive Step – Section 2(1)(ja) of the Patents Act – Appeal Dismissed – The appellant's patent application for a Ziegler-Natta catalyst process was rejected for lacking inventive step – Court held that the claimed process was obvious in view of prior art documents D1, D2, and D3 – Combination of existing techniques using diether compounds and ...
Civil Law – Suit for Declaration and Recovery of Possession - Settlement Deed – Title Based on Registered Gift – Decree Upheld – Appeal Dismissed – Plaintiff filed suit for declaration of title and recovery of possession on basis of Ext.A1 registered settlement deed – Defendants claimed title through sale from alleged legal heirs of original owner Ramachandran &...
Family Law – Divorce – Cruelty – False Accusations and Malicious Litigation – Divorce Granted – Appellant-husband alleged verbal and physical cruelty, police complaints, and baseless suspicions of infidelity – Respondent admitted her allegation of second marriage was based on hearsay – Court held: Repeated unfounded allegations, abusive conduct, and long s...
Civil Procedure – Order 11 Rule 1 of the CPC - Interrogatories – Permissible Even at Advanced Trial Stage – No Prejudice Found – Plaintiff sought to deliver interrogatories in a partition suit—Earlier application was dismissed as not pressed—Trial Court later allowed a second application—Held: Leave for interrogatories may be granted even at advanced stage...
Taxation Law - Export Supply – Compensation Cess – Exemption Denied – Levy Deferred – Petitioners challenged the levy of Compensation Cess at 160% on supply of branded tobacco to merchant exporters for export, which was otherwise taxed at a concessional GST rate of 0.1% under Notification Nos. 40/2017 and 41/2017 – Held: Though no separate exemption notification was i...