PIL - Environmental Protection – Illegal Tree Felling in TTZ – Court-Mandated Penalties – Enforced - The Court exercised powers under Article 142 of the Constitution to impose graded penalties for illegal felling of trees in the Taj Trapezium Zone – Directed recovery of fines ranging from ₹5,000 to ₹25,000 per tree, seizure of timber, and mandatory compensatory plantati...
Civil Law - Trademark Dispute – Objection to Jurisdiction – Commercial Courts Act Interpretation – Dismissed - Defendant challenged jurisdiction of Trial Court to hear trademark injunction suit on grounds that it should lie before Commercial Court due to nature of IPR dispute – Court held that Commercial Court jurisdiction only arises if suit involves a commercial dispute a...
Family Law - Child Custody – Repetitive IA Requirement – Procedural Burden Criticized – Modified - The Family Court required the father to file fresh interlocutory applications for custody every time he visited India – Held: Such repetitive litigation imposes undue burden on non-custodial parent and child, disrupts planning, and hinders bonding – Supreme Court substit...
Arbitration Law – Scope of Judicial Review under Section 11 – Confined to Existence of Agreement – High Court Erred – Supreme Court reaffirmed that under Section 11(6A) of the Arbitration Act, courts are confined to examining the existence of an arbitration agreement – Determining arbitrability of individual claims is beyond this scope – Any issue of non-a...
Accident Claim - Motor Accident Compensation – Dependency – Married Daughter and Aged Mother – Partial Relief Granted – High Court erred in denying compensation to 70-year-old mother of deceased – Supreme Court held she was dependent on her daughter and entitled to compensation – Married daughter not proven as dependent and thus eligible only for compensation un...
Service Law – Departmental Misconduct – Disproportionate Punishment – Removal from Service Set Aside – Petitioner, a Class IV employee, was dismissed after being found guilty in a departmental enquiry for failing to arrive on time to escort a High Court Judge and allegedly being intoxicated – High Court upheld findings of misconduct based on statements of key witnesse...
Civil Law - Amendment of Pleadings – Scope under Order VI Rule 17 CPC – Amendment Rejected - The amendment sought by the plaintiff was not a mere correction but a substantive change converting the nature of the original suit for permanent injunction into a new suit for declaration, specific performance, and consequential reliefs – Held: Such an amendment was impermissible at the ...
Election Law – Challenge to Electoral Roll – Maintainability of Election Petition – Not Barred – Petition Alleges Illegal Inclusion of 587 Ineligible Voters Influenced by Candidate – Court held that objections to electoral roll alleging illegality and undue influence, if they materially affect the result of election, can be tried in an election petition – No abs...
Limitation Law - Delay Condonation – Re-litigation on Identical Grounds – Delay Not Condoned – Respondents' explanation for 1116 days delay in filing appeal under Order XLI CPC was previously adjudicated under Order IX Rule 13 CPC and dismissed by High Court and Supreme Court – Re-urging same grounds held to be impermissible and an abuse of process – Repetition of...
Civil Law - Title and Ownership – Failure to Prove Execution of Power of Attorney – Claim Dismissed – Plaintiff's claim of ownership through a 1993 sale deed allegedly executed via a power of attorney failed due to non-production of the power of attorney – The courts held that without proof of authority, the sale deed could not confer title – Further, the original...