Medical Negligence – Failure of Vasectomy – No Liability of State – Plaintiffs Not Diligent – Despite vasectomy operation being unsuccessful, the plaintiffs failed to prove compliance with post-operative medical instructions, particularly semen analysis after 3 months – It was also not denied that the plaintiffs were informed in advance that the operation may fail and...
Additional Evidence – Order XLI Rule 27 CPC – Remand for Fresh Consideration - The petitioner sought to introduce documents from a prior suit between related parties allegedly proving that petitioner was not in possession at the time of institution of the eviction suit – The appellate court dismissed the application under Order XLI Rule 27 CPC – The High Court held that whi...
Insurance Law - Insurance Coverage – Interpretation of Contract – Security Guard Not Covered – Appeal Allowed – The deceased was working as a security guard in a transport company and died in an accident during the course of employment – The insurance policy obtained by the employer listed coverage for cleaners and supervisors, but not for security personnel – H...
IBC – Commercial Wisdom of CoC – Paramount Status – Judicial Review Restricted – Resolution Plan upheld - CoC’s commercial wisdom under Section 30(4) is paramount and cannot be substituted by NCLT or NCLAT – Judicial review is confined to checking compliance with Section 30(2) by NCLT under Section 31(1) and limited grounds under Section 61(3) for NCLAT – ...
Civil Law - Partition Suit – Oral Partition of 1968 – Limitation – Suit Barred - The suit for partition filed by the plaintiffs (respondents) was barred by limitation as the oral partition took place in 1968 and registered sale deeds were executed in 1978 – Plaintiffs failed to plead when they became aware of the sale deeds – The registered sale deeds provided constru...
Civil Law - Second Appeal – Scope under Section 100 CPC – No Substantial Question of Law – Appeal Dismissed – The appellants failed to show any substantial question of law warranting interference under Section 100 CPC – Held: High Court cannot re-evaluate findings of fact where concurrent findings of two courts exist and evidence has been properly appreciated [Paras 1...
Service Law – Suspension and Reinstatement – Duty Period Not Automatic – Criminal Acquittal Irrelevant Where Departmental Charges Proven – Respondent sought duty benefit for suspension/dismissal period citing criminal acquittal – Held: As departmental charges were proved and only punishment modified (not exoneration), benefit under FR 54-B(1)(9) not attracted – ...
Civil Law - Limitation – Suit Filed to Set Aside Decree after 17 Years – Bar under Article 59 of the Limitation Act – Suit Held Time-Barred – Respondents filed suit in 1982 to set aside a 1965 decree and claim partition – Trial Court and First Appellate Court dismissed the suit as barred by limitation – High Court remanded the matter for retrial on limitation is...
Service Law – Reservation for Women – Horizontal Reservation under Punjab Civil Services Rules, 2020 – Post Validly Reserved for Women – The appellant challenged the Division Bench's order remanding the matter regarding the validity of reservation of a DSP post under the 'SC Sports (Women)' category – Held: The advertisement reserving the post was validly ...
Taxation Law – Input Tax Credit – Exemption under Section 7(c) – Prohibition under Section 13(7) – Credit Denied – Dealer claimed entitlement to input tax credit for purchases sold to manufacturer-exporters under Form-E as per exemption notification – Authorities rejected the claim citing Section 13(7) which bars credit where sales are exempt under Section 7(c) ...