Motor Accident Claim – Enhancement of Compensation – Contributory Negligence, Future Prospects, and Functional Disability – Supreme Court Enhances Award – Appeal by injured claimant seeking enhancement of compensation for permanent disability sustained in a motor vehicle accident – The Court affirmed the finding of 20% contributory negligence, but found error in the o...
Motor Accident Compensation – Determination of Income – Inclusion of Allowances – The Tribunal and High Court erred by excluding allowances from computation of deceased’s monthly income, considering only basic pay – Supreme Court held that salary slip (Ex. P6) evidences income of Rs. 6,500/- per month including allowances, and there was no contrary evidence that allow...
Electricity Law - Tariff – Challenge to Regulatory Asset Practice – Supreme Court Issues Mandate for Time-Bound Liquidation – The petitioners, Delhi-based electricity distribution companies, challenged the Delhi Electricity Regulatory Commission’s continued creation of regulatory assets without structured recovery – Supreme Court held that this violated statutor...
Intellectual Property Law – Trademark Infringement – Use of Registered Trademark by Intermediary – Dispute over IndiaMART listing of 'PUMA' as a drop-down option – PUMA SE (PSE) alleged counterfeit listings of its trademarked products on IndiaMART – Single Judge restrained IndiaMART from providing 'PUMA' as an option and ordered takedown of infringing ...
Criminal Law - Bank Fraud Case – Quashing of Criminal Proceedings – Predominant Civil Nature – Proceedings Quashed on Settlement – The petitioner, a company director, was accused under Section 420 IPC in connection with alleged fraudulent diversion of loan amounts leading to NPA classification – The petitioner had settled all dues with the bank through OTS, and the ba...
Service Law – Eligibility Criteria – Appointment Cancelled – Petition Dismissed – The petitioner challenged the cancellation of her appointment as Supervisor (Women) under ICDS on the ground that she had sufficient experience as an Anganwadi Worker – Court held that Advertisement No.03/2024 clearly stipulated eligibility for in-service Anganwadi Workers with 10 years ...
Tenancy Law - Eviction Suit – Default in Payment of Rent – Tenant's Failure to Comply with Section 12(3) of Bombay Rent Act – Eviction Upheld – Tenant failed to pay arrears within one month of notice and did not deposit rent with interest and costs before the first hearing – Courts below rightly held forfeiture of tenancy occurred – Money orders sent after s...
Civil Law - Specific Performance – Section 20, Specific Relief Act - Execution and Enforceability of Agreement to Sell – Plea of Fabrication and Blank Stamp Papers – Appeal Allowed – Respondents filed suit for specific performance based on alleged agreement to sell and delivery of possession, contending that substantial consideration had been paid and appellant failed to ex...
Fee Recovery – Brief of Judgment and Decision – Recovery of enhanced school fees by unaided private school – Dispute arose after government notification restricting fee hike was struck down – Suits by school decreed by trial court, decree made subject to FFRC’s decision under Haryana School Education Act and Rules – Appellate Court affirmed decree but directed r...
Civil Law - Suit for Recovery Against A State Financial Corporation - Maintainability of Suit – Jurisdictional Bar – Section 80 CPC – Decree Declared Nullity – The appellant/State Financial Corporation, not originally a party to the underlying contract, was impleaded much after the institution of the suit for recovery. The trial court decreed the suit without satisfac...