Writ - Speaking to the Minutes – Permissible Scope – Substantive Modification Impermissible – Order Modified Beyond Clerical Rectification – Respondent sought substantive clarification to include access route location based on unilateral plan marked 'X' – Supreme Court held such additions go beyond correcting clerical or typographical errors and amount to revi...
Civil Procedure – Caveat and Right to Hearing – Section 148-A CPC – Violation of Mandatory Notice Requirement – Ad interim injunction set aside - The Trial Court granted an ad interim injunction in favour of the plaintiffs without serving prior notice on the caveator (a trustee of the proforma defendant trust) – Held: The mandatory requirement of notice under Section ...
Civil Law - Possession and Injunction – Admission by Defendant – Permanent Injunction Restored – Defendant’s own admission supported plaintiff's claim of possession of a vegetable shop on road margin – Held: Defendant (DW-2) admitted existence of the plaintiff’s shop since 1978-79, corroborated by commissioner reports and PW evidence – Trial court righ...
Civil Law - Permanent Injunction - Influencer Speech – Defamation, Disparagement and Trademark Infringement Allegations – Right to Reputation vs. Free Speech – Plaintiff, a nutritional supplements company, sought interim injunction against defendants (social media influencers) for publishing YouTube and Instagram videos critiquing its product ‘ISO PRO’ based on third-...
Civil Law - Partition Deed – Admissibility of Certified Copy – Requirement under Indian Evidence Act – Reversal Set Aside - The First Appellate Court relied on a certified copy of a partition deed (Ext-4) without proving foundational facts for admitting secondary evidence under Section 65 of the Evidence Act, despite denial of execution by the defendants – Held: Certified c...
Tenancy Law - Eviction Petition – Delay in filing Leave to Defend – Section 13-B read with Section 18-A of East Punjab Rent Act – Dismissal of Delay Condonation Application Upheld - Tenant failed to file leave to defend application within 15 days of service under Section 18-A – Held: Rent Controller has no jurisdiction to condone delay under Section 5 of the Limitation Act ...
Civil Law - Contract – Fraudulent Execution – Misuse of Advocate-Client Relationship – Agreement Cancelled - Plaintiff alleged that the defendant, an advocate, misused trust and obtained signatures on an agreement of sale under the pretext of executing a rental agreement – The Trial Court found misrepresentation and fraud – Held: The defendant abused the Advocate&ndas...
Civil Law - Limitation – Suit for Possession and Cancellation – Primary vs Ancillary Relief – Suit Time-barred - Where plaintiffs sought possession based on title with additional prayer of cancellation of sale deeds – Held: The prayer for cancellation was primary, not ancillary – As such, governed by Article 59 of the Limitation Act requiring suit within 3 years from ...
Service Law - Disciplinary Enquiry – Non-compliance with Statutory Procedure – Inquiry Held Vitiated – No Witness Examined – The enquiry against the respondent was conducted without examining any witnesses or proving documents relied on in the chargesheet – The Enquiry Officer solely relied on the chargesheet and reply of the delinquent officer – Held: Such enqu...
Land Acquisition – Compensation - Valuation of Orange Trees – Income Capitalization Method Applied – Award Modified – Court rejected the valuer’s report for lacking scientific backing and uniform data reuse across cases – Compensation revised to ₹2,700 per orange tree (including wood value) based on government circulars and adjusted yield rate – Total co...