Facts:
The dispute arises from the reorganization Scheme, which led to the re-description of the post of Telephone Operators as RTOs. The new post carried a higher pay scale and required specialized training. The reorganization introduced an element of selection criteria, including a minimum of 5 years of service. The question was whether the appellants, who were Telephone Operators seeking de...
Consumer Law – Definition of ‘Consumer’ – No Privity of Contract – Complaint Not Maintainable – The Court held that the respondent had no direct contractual relationship with the appellant – Held: The complainant, not being a party to the home loan agreement, and with no established privity of contract, does not qualify as a ‘consumer’ under th...
Public Premises Act – Applicability of Limitation – Section 18 of Limitation Act Held
Applicable – Recovery Proceedings Revived - The Estate Officer’s proceedings under
Section 7(1) of the PP Act were held barred by limitation by the District Judge and High Court – Held: Though limitation under Article 52 of Limitation Act applies, the acknowledgment in writin...
Civil Law - Will Execution – Suspicious Circumstances – Burden of Proof Not Discharged – Appeal Dismissed – The plaintiff relied upon an unregistered Will dated 09.03.2009 allegedly executed by Santra Devi to claim ownership over her estate – The Lower Appellate Court reversed the Trial Court’s findings, holding that the Will was not validly proved – The H...
Civil Writ - Public Tender – Cancellation After H-1 Declaration – Arbitrary Action – High Court Interference – MCD abandoned the tender despite the petitioner being the highest bidder and bid exceeding the reserve price – Held: Such cancellation without justifiable basis frustrates legitimate expectations and violates Article 14; decision quashed and MCD directed to i...
Civil Law - Demolition of Structure – Illegal and Arbitrary Action by Municipal Authorities – Violation of Natural Justice – Structure was entitled to rehabilitation as per Annexure II – Demolition carried out without notice and prior to hearing on interim relief – Held: Corporation acted high-handedly in breach of legal procedure; reconstruction or alternate accommod...
Civil Writ - Dealership Termination – Clause 5.1.4 MDG – Tampering Allegations – Termination Quashed – Dealership was terminated based on OEM MIDCO report of soldering marks on pulsar cards – Second OEM Dresser Wayne reported normal functioning during tests – Held: Clarificatory email relied on was never served or cited in show cause notice – Orders based ...
Service Law – Criminal Case Pending – Denial of Appointment – Matrimonial Dispute – Appointment Directed – Petitioner, a successful RAS candidate, was denied appointment despite being higher in merit than others who were appointed – Denial based on an FIR lodged by her estranged husband prior to his death – FIR arose from a matrimonial dispute and involved...
Family Courts Act – Jurisdiction under Section 7(1)(b) – Declaration of Marital Status – Jurisdiction Upheld – The Family Court had jurisdiction to entertain a suit for declaration of marital status under Section 7(1)(b) of the Family Courts Act – The contention that such declaration should be made under Section 34 of the Specific Relief Act was rejected – Held:...
Arbitration Law – Extension of Arbitrator's Mandate – Jurisdiction of Commercial Court – Extension Set Aside – Where the High Court has appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, only the High Court retains the jurisdiction to extend or terminate the Arbitrator’s mandate under Section 29A – Held: The Comm...