Arbitration Law - MSMED Act vs. Arbitration Act – Statutory Override – Appeal Allowed - The Court held that arbitration proceedings under Section 18 of the MSMED Act override contractual arbitration clauses, including those specifying seat and venue – MSMED Act being a special legislation prevails over the Arbitration Act – Arbitral jurisdiction validly exercised by Delhi F...
Environmental Law - Reserved Forest Land – Status upheld since 1879 – Fabricated Gazette Notification exposed – Land in Survey No. 20 originally notified as Reserved Forest in 1879 remained so despite partial de-reservation in 1934 – RRCHS relied on a 1944 notification found to be forged – Held: The land retained its Reserved Forest character, and any contrary claim b...
Motor Accident Claim – Maintainability – Legal Representative – Claim Maintainable by One of Several Legal Heirs – The Tribunal dismissed the claim petition filed by the son of the deceased Pyara Singh solely on the ground that the married daughter of the deceased was not impleaded – Held: As per Section 166(1)(c) of the Motor Vehicles Act, 1988, a claim can be instit...
Service Law – Pay Scale Revision – Parity with Punjab Pattern – Petition Dismissed – Petitioner appointed as Draftsman in 1989 under the UT Administration pay pattern, but claimed entitlement to Head Draftsman scale of Rs. 2000–3500 after CITCO adopted the Punjab pattern in 1992 – Held: Original post held by petitioner aligned with Junior Draftsman in UT Adminis...
Patent Law – Inventive Step – Obviousness Based on Prior Art – Matter Remanded - The patent application claiming novel piperidine compounds with anti-cancer properties was rejected by the Controller citing lack of inventive step under Section 2(1)(ja), referencing compounds from prior art D1 – The Court held that the reasoning was interlinked with non-patentability assessme...
Arbitration Law - Arbitral Award – Division of Interest Periods – Legality of Granting Separate Interest for Pre-reference and Pendente Lite Periods – Arbitral Discretion Upheld - Arbitral Tribunal’s bifurcation of interest into pre-reference, pendente lite, and post-award periods is not contrary to Section 31(7)(a) – Held: Tribunal is empowered to award varying inter...
Civil Law - Representative Suit – Non-compliance with Order I Rule 8 CPC – Suit Not Maintainable – The plaintiffs failed to comply with the procedural requirements of Order I Rule 8 CPC for filing a representative suit, including obtaining leave of the court and public notice – Held, the suit is not maintainable as representative suit [Paras 33-35].
Limitation...
Civil Law - Gift Deed – Acceptance During Donor’s Lifetime – Valid Execution Presumed – Appeal Dismissed - The Court held that the registered gift deed (Exhibit-6), executed by Ramapada in 1988 in favour of Umapada, was validly accepted during the donor’s lifetime – Presumption arose from registered nature of deed, donor’s failure to challenge during his l...
Civil Law - Public Land Allotment – Burial Ground for Muslim Community – Petition Dismissed - The petitioners challenged the allotment of 0.16 acres of land in Survey No.138/1 in Chinamushidiwada Village for a burial ground on grounds of health risks and procedural lapse – Court found that the site was adjacent to existing Hindu and Christian burial grounds and allotted following...
Service Law - Departmental Inquiry – Absence Without Leave – Major Penalty – Dismissal Justified – Petitioner was absent for 1220 days between 2004 and 2009 without leave – Contended that no inquiry report or oral evidence was provided and cross-examination opportunity was denied – Respondents argued procedural compliance and lack of sanctioned leave records &nd...