Property Law – Lease and Specific Performance – Expiry of Lease – Denial of Renewal – Appeal Dismissed – The appellant sought specific performance of a lease clause for renewal, but both Trial Court and High Court held the original lessor entitled to repossess – Held: Lease expired, no enforceable right to renew exists – Appellant directed to vacate posses...
Civil Law - Maintainability of Fresh Suit – Dismissal under Order IX Rule 2 – Fresh Suit Permitted – Supreme Court upheld that dismissal of earlier suit under Order IX Rule 2 followed by dismissal of restoration application does not bar filing of a fresh suit under Order IX Rule 4 CPC, subject to limitation – Both remedies are simultaneous and not mutually exclusive [Paras ...
Consumer Law - Medical Negligence – Vicarious Liability of Hospital – Liability Modified – Supreme Court upheld the findings of negligence against the hospital and its doctor based on medical records and conduct – However, reduced the hospital’s liability from ₹15 lakhs to ₹10 lakhs in light of partial deposit already made and lack of expert evidence challenging s...
PIL - Organ Transplant Laws – Uniform Adoption Across States – Supreme Court directed Union of India to collect information from States regarding adoption of the Transplantation Act, Amendment Act, and Rules, and reasons for non-adoption where applicable – Emphasized necessity of uniform legal framework [Para 1(i)-(ii)].
Cadaveric vs. Live Donations – Data Soug...
Arbitration – Modification of Arbitral Award – Jurisdiction of Court under Section 34 – Modification Set Aside – The appellants challenged the order of the District Judge modifying claim Nos. 3, 4, and 5 of an arbitral award – The High Court held that under Section 34 of the Arbitration and Conciliation Act, 1996, the court is not empowered to modify an arbitral award...
Motor Accident – Rash and Negligent Driving – Evidence Corroborated – Negligence Proven – Appeal Dismissed – Based on eyewitness testimony and police records, Court affirmed MACT’s finding that the APSRTC bus driver was negligent – Driver failed to exercise caution when passing a stationary tipper despite clear view from right side – Held: No interfe...
Service Law – Public Recruitment – Technical Defect in Caste Certificate – Candidature Wrongly Rejected – Petitioner’s Scheduled Caste certificate was found valid but rejected for lacking registration number and date – The certificate had been issued before the cut-off date and the petitioner qualified through all stages – Held: A technical defect in a val...
Family Law - Senior Citizens Act – Eviction Power – Jurisdictional Limits – Order Set Aside – Respondent No.2 (father) sought eviction of daughter under the 2007 Act based on GPA and agreement to sell – Held: GPA and sale agreement do not confer ownership or title – Only owners of property can seek eviction under the Act – Impugned order passed without jur...
SARFASI - Pre-deposit Requirement – Scope of “Any Order” under Section 18 SARFAESI – Clarification on Applicability – Supreme Court held that the term “any order” under Section 18 of the SARFAESI Act must be interpreted meaningfully – It should not include procedural or interlocutory orders, such as rejection of impleadment applications, for the purp...
PIL - Public Prosecutors – Appointment and Consultation – Primacy of District Judge’s Opinion – Rules of 1978 Inapplicable - The Court held that the appointment of Public Prosecutors under Section 24(3) Cr.P.C. (now Section 18(3) BNSS) is governed exclusively by statutory provisions and not by the Kerala Government Law Officers Rules of 1978, which apply only to civil posts...