Service Law – Promotion – Articles 226 and 227 – Challenge to Tribunal's direction for reconsideration of promotion – Petition Allowed – The respondent, an IRS officer, was denied promotion to the post of Chief Commissioner of Income Tax for vacancy year 2008–09 due to “Good” grading in ACR for 2006–07 – On challenge, Tribunal directe...
Tenancy Law - Eviction – Bona Fide Personal Necessity – Section 13(3)(a)(i) of the Rent Act – Revision Dismissed – The petitioners, legal heirs of the original tenant, challenged concurrent findings allowing eviction from the first floor of a residential premises at Chandigarh on the ground of personal necessity of the landlady for her daughter – Held: The landlady, a...
Civil Law - Rejection of Plaint – Jurisdiction Bar under Competition Act – Not Attracted – Application filed under Order 7 Rule 11 CPC on the ground that the subject matter falls within the exclusive jurisdiction of the Competition Commission of India (CCI) under Section 61 of the Competition Act – Held: The suit raises contractual claims including unconscionability, undue ...
Civil Law - Motor Accident Claim – Negligent Driving – Insurer’s Liability – Compensation Enhanced - Deceased, a 35-year-old permanent employee of HCL Technologies, died after his two-wheeler was hit by a rashly driven water tanker – Tribunal found the tanker driver negligent and awarded Rs.81.89 lakhs – Insurer challenged liability; claimants sought enhancement...
Civil Law – Injunction - Right to Privacy – Unauthorized Recording in Private Space – Consent Required – Partial Relief Granted – Plaintiff had consented to being recorded during the live debate but not after she exited the debate frame – Court held that the recording of the additional 18 seconds after Plaintiff withdrew was done without consent, violating her p...
Civil Law – Injunction - Intellectual Property – Copyright – Assignment of Rights – Suit Dismissed – The plaintiff, daughter of late producer O.P. Ralhan, filed a suit seeking injunction and damages against the defendants for alleged copyright infringement of musical works from seven cinematographic films produced by her father – Plaintiff contended that the ass...
Civil Law – Execution - Land Acquisition Compensation – Executability of Easement Amount – Section 3G(2) of the National Highways Act – Objections by NHAI Rejected – The Executing Court dismissed objections by NHAI and directed payment of enhanced compensation including the easement amount under Section 3G(2) – NHAI contended that easement amount is payable only...
Matrimonial Law - Domestic Violence Act – Interim Stay of Protection Order – Scope of Interference under Article 227 – Stay Granted Only Against Daughter-in-law – Held: Sessions Court rightly granted interim stay only in respect of the daughter-in-law while keeping the order intact against the son – The interim order merely maintained status quo pending appeal and did...
Tenancy Law – Inheritability of Tenancy – Section 5 of Karnataka Rent Act – Eviction Confirmed – The petitioners, being legal representatives of the original tenant under a moolageni lease, contested the eviction ordered under Section 5 of the Karnataka Rent Act – Held: The tenancy rights under Section 5 devolve upon legal representatives only for a period of five yea...
Civil Writ - Challenging the suspension of authorization of Fair Price Shop – Violation of Control Order – Suspension Without Inquiry – Suspension Set Aside – Petitioner’s authorization to run Fair Price Shop No.0119013 was suspended by order dated 13.09.2024 – Respondents failed to complete the inquiry within 90 days as mandated by Clause (vii) of the Control O...