Service Law – Public Appointments – Bypassing PSC Candidates – KSRTC continued engaging empanelled drivers under Exts.P6 and P9 notifications despite binding judgments in Antony Stejo and Venugopal cases mandating appointments only through PSC – Held: KSRTC's action violates Rule 9(a)(i) of KS & SSR and amounts to contempt of binding court orders – Notificatio...
Unlawful Activities (Prevention) Act – Bail – Statutory Bar under Section 43-D(5) – Appeal under Section 21(4) NIA Act – Accused No.14 alleged to be District President of PFI and actively involved in conspiracy, radicalisation, recruitment and fund raising for terrorist activities – Trial Court rejected bail holding accusations prima facie true – Held: Material ...
Order 39 CPC – Non-compliance with Rule 3 – Subsequent ex parte injunction impermissible – Refusal to restore electricity supply upheld – Trial Court directed to decide injunction application expeditiously.
Civil Procedure – Temporary Injunction – Order 39 Rule 3 CPC – Effect of Non-Compliance – Petitioners earlier granted ex parte injun...
Review Jurisdiction – Scope and Limitations – Section 114 read with Order XLVII Rule 1 CPC – Review petition filed seeking review of order dropping contempt proceedings – Held: Review jurisdiction is extremely limited and can be exercised only on discovery of new and important matter, error apparent on face of record, or other sufficient reason – Review cannot be trea...
Accident Claim - Motor Vehicles Act, 1988 – Section 167 – Doctrine of Election – Claim under Motor Vehicles Act and Workmen’s Compensation Act – Bar of dual remedy – Claimants received compensation from employer under Workmen’s Compensation Act and also filed claim under Section 166 MV Act against owner, driver and insurer of offending vehicle – Held...
Forest Law – Ecologically Fragile Land – Definition under Section 2(b)(i) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 – Twin conditions required: land must be forest land contiguous to or encircled by reserved/vested forest and must predominantly support natural vegetation – Failure to satisfy either condition fatal to State’s...
Trade Marks – Section 11 – Relative Grounds of Refusal – Likelihood of Confusion – Registrar refused registration of mark “PETKIND” citing prior pending application for identical mark in Class 31 – Held: Likelihood of confusion is not to be presumed mechanically – Nature of goods, purchasing public, prior use and surrounding circumstances must be exa...
Land Acquisition – Valuation of Compensation – Section 26 of 2013 Act – Highest Exemplar to be Adopted – Deed No.05821 registered before the notification under Section 4 LA Act adopted as basis for compensation – Deduction of structure value permitted – Compensation fixed at Rs.5,52,544/- per cottah – Average sale price and post-notification deeds excluded...
Tenancy – Eviction – Damage to Premises – Permanent Structure – Lease Permitting “Some Changes” – Scope of Clause – Respondent-tenant made material alterations including demolition of internal walls and creation of new entry without landlady’s permission – Held: Clause 5 of lease permitting “some changes” for hospital use cann...
Civil Law – Rejection of Plaint – Order VII Rule 11 CPC – Limitation – Suit for partition and injunction based on inheritance – Defendant sought rejection of amended plaint alleging challenge to Will barred by limitation – Plaintiff pleaded lack of knowledge of alleged Will of 2008 until much later – Held: When plaintiff asserts knowledge of essential fact...