Consumer Law - Medical Negligence – Vicarious Liability of Hospital – Liability Modified – Supreme Court upheld the findings of negligence against the hospital and its doctor based on medical records and conduct – However, reduced the hospital’s liability from ₹15 lakhs to ₹10 lakhs in light of partial deposit already made and lack of expert evidence challenging s...
PIL - Organ Transplant Laws – Uniform Adoption Across States – Supreme Court directed Union of India to collect information from States regarding adoption of the Transplantation Act, Amendment Act, and Rules, and reasons for non-adoption where applicable – Emphasized necessity of uniform legal framework [Para 1(i)-(ii)].
Cadaveric vs. Live Donations – Data Soug...
Arbitration – Modification of Arbitral Award – Jurisdiction of Court under Section 34 – Modification Set Aside – The appellants challenged the order of the District Judge modifying claim Nos. 3, 4, and 5 of an arbitral award – The High Court held that under Section 34 of the Arbitration and Conciliation Act, 1996, the court is not empowered to modify an arbitral award...
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...
Service Law – Public Recruitment – Technical Defect in Caste Certificate – Candidature Wrongly Rejected – Petitioner’s Scheduled Caste certificate was found valid but rejected for lacking registration number and date – The certificate had been issued before the cut-off date and the petitioner qualified through all stages – Held: A technical defect in a val...
Family Law - Senior Citizens Act – Eviction Power – Jurisdictional Limits – Order Set Aside – Respondent No.2 (father) sought eviction of daughter under the 2007 Act based on GPA and agreement to sell – Held: GPA and sale agreement do not confer ownership or title – Only owners of property can seek eviction under the Act – Impugned order passed without jur...
SARFASI - Pre-deposit Requirement – Scope of “Any Order” under Section 18 SARFAESI – Clarification on Applicability – Supreme Court held that the term “any order” under Section 18 of the SARFAESI Act must be interpreted meaningfully – It should not include procedural or interlocutory orders, such as rejection of impleadment applications, for the purp...
PIL - Public Prosecutors – Appointment and Consultation – Primacy of District Judge’s Opinion – Rules of 1978 Inapplicable - The Court held that the appointment of Public Prosecutors under Section 24(3) Cr.P.C. (now Section 18(3) BNSS) is governed exclusively by statutory provisions and not by the Kerala Government Law Officers Rules of 1978, which apply only to civil posts...
Tenancy Dispute – Pendente Lite Transfer – Sham Transaction – Preliminary Objection Rejected - Court held that sale of land by respondent’s legal heirs during pendency of the writ petition was a fraudulent attempt to frustrate proceedings – Purchasers were close relatives, and transaction was held to be a sham – Held: Transfer hit by Section 52 of the T.P. Act &...
Civil Law - Specific Performance – Agreement of Sale – Lack of Readiness and Willingness – Suit Dismissed – Plaintiffs claimed execution of sale agreement dated 28-02-1998 and alleged part payment of ₹25 lakhs – Only plaintiff No.5, as attorney holder, was examined; others did not depose – Held: Plaintiffs failed to prove execution, payment, or readiness and w...