Writ - Service Law – Long-Term Ad Hoc Engagement Against Sanctioned Post – Abolition Order Held Arbitrary – Appeal Allowed - Appellant worked as Process Server on ad hoc basis since 1997 against a sanctioned post with pay scale, DA, and Grade Pay – Disengagement via abolition of post on basis of Office Memorandum dated 31.08.2019 was held arbitrary and a non-application of ...
Civil Review – Time-Bound Disposal Direction by High Court – No Grounds for Interference – Review Dismissed - The petitioner sought review of a direction in the appellate judgment requiring the Family Court to dispose of a long-pending matrimonial dispute within six months – Court held that such time-bound direction was justified in light of 15 years of ongoing litigation &...
Accident Claim - Motor Accident Compensation – Assessment of Monthly Income – Claim of Rs.10,000 accepted – High Court’s reduction reversed – The Tribunal awarded compensation based on the deceased driver’s claimed income of Rs.10,000 per month – High Court reduced it to Rs.4,076 applying minimum wages – Held: Based on precedent in Ramachandrappa v. ...
Land Acquisition – Non-Award of Solatium and Interest – Compensation Deficient – Petition Allowed - Petitioners sought extension of statutory benefits under the 1894 Act (solatium, additional compensation, and interest) for land acquired in 2010–2012 under the National Highways Act – The Court held that failure to grant such benefits violates Article 14 of the Constit...
Motor Accident Claim – Liability of Insurer – Duty limited to monetary compensation – High Court’s directive for lifetime support set aside – The High Court directed the insurer to provide prosthetic limbs, motorized wheelchair, travel expenses, and ensure ongoing support – Held: Insurer’s statutory role is limited to indemnifying loss in monetary terms, a...
Civil Law - Commercial Suit – Section 12A of Commercial Courts Act – Mandatory Nature – Rejection of plaint not justified – The suit was filed in 2019 without pre-institution mediation as mandated by Section 12A of the Commercial Courts Act – Relying on the prospective applicability of the Patil Automation decision, the Court held that suits filed prior to 20.08.2022 ...
Motor Accident – Rash and Negligent Driving – Evidence Corroborated – Negligence Proven – Appeal Dismissed – Based on eyewitness testimony and police records, Court affirmed MACT’s finding that the APSRTC bus driver was negligent – Driver failed to exercise caution when passing a stationary tipper despite clear view from right side – Held: No interfe...
Civil Law - Temple Receivership – Widespread Judicial Appointments – Chronic Litigation – Reformed - Supreme Court found long-standing misuse of receivership across 197 temples in Mathura where most receivers were advocates – Held: Such appointments led to indefinite litigation, stalling temple administration and violating public trust – Courts must avoid ro...
PIL - Environmental Protection – Illegal Tree Felling in TTZ – Court-Mandated Penalties – Enforced - The Court exercised powers under Article 142 of the Constitution to impose graded penalties for illegal felling of trees in the Taj Trapezium Zone – Directed recovery of fines ranging from ₹5,000 to ₹25,000 per tree, seizure of timber, and mandatory compensatory plantati...
Civil Law - Trademark Dispute – Objection to Jurisdiction – Commercial Courts Act Interpretation – Dismissed - Defendant challenged jurisdiction of Trial Court to hear trademark injunction suit on grounds that it should lie before Commercial Court due to nature of IPR dispute – Court held that Commercial Court jurisdiction only arises if suit involves a commercial dispute a...