Res Ipsa Loquitur Not a Substitute for Proof of Negligence: Delhi High Court Affirms Acquittal in Fatal Road Accident Case NSA Detention Doesn’t Bar Framing of Charges If Prima Facie Evidence Exists: Punjab & Haryana High Court Upholds Charges in Ajnala Police Station Violence Case Continued Contractual Service Despite Sanctioned Posts Is Unfair Labour Practice: Orissa High Court Orders Regularization Of ECG Technicians After 15 Years Will Duly Proved Even If Witnesses Forget Details After Eight Years: Madras High Court Validates Bequest, Sets Aside Partition Decree Writ Petition Not Maintainable Where Commercial Appeal Remedy Exists: Karnataka High Court Dismisses Petition, Permits Conversion Under Commercial Courts Act Circumstantial Evidence Must Be Cogent, But Caste-Based Offences Demand Specific Intent: Supreme Court Draws Line Between Heinous Crimes and Caste Atrocities Court Must Step into Testator’s Shoes, Not Substitute His Intent: Supreme Court Upholds Will Excluding One Daughter Production of Arbitration Clause is Enough - Not Conduct Mini-Trials on Capacity or Consortium Structure: Supreme Court Title to Property Must Be Proven by Evidence, Not Just Claimed by Deed: Supreme Court Strikes Down Injunction

"CIVIL LAW" Digest

Company Law – Winding Up – Stay of Winding Up Proceedings – Appeal against the orders of the Company Court allowing an application under Section 466 of the Companies Act, 1956, for a permanent stay on the winding up of Swadeshi Mills Company Ltd. – Company Court orders based on settlement agreements with workers and creditors, and compliance with interim directions – ...

Civil Law - Declaration - Proof of Will – Valid Execution under Section 63 of the Indian Succession Act – Not Established – The attesting witness (PW-3) failed to affirm that the testatrix signed or affixed her thumb impression on the Will in his presence and that he attested the Will in her presence. Such omission rendered the execution invalid as per statutory requirements. Hel...

Writ - Mandamus - Compel the Government of NCT of Delhi and the Speaker of the Legislative Assembly to table - Constitutional Obligation – Laying of CAG Reports – Article 151(2) and Section 48 of the GNCTD Act – Laying of CAG reports in the legislature is a mandatory constitutional obligation under Article 151(2) of the Constitution and Section 48 of the GNCTD Act – Reports...

Civil Revision - Trademark Dispute – Arbitrability – Allegation of Fraud – Section 8, Arbitration and Conciliation Act, 1996 – Valid Arbitration Clause in Assignment Deed – Petitioners alleged fraudulent execution of assignment deed of trademark and claimed the matter was non-arbitrable as it involved a right in rem – Held: Dispute pertains to contractual rights...

Compensation – Railway Accident – Enhanced Compensation – Appellant, a survivor of the Kadalundi train accident of 2001, sustained grievous injuries resulting in prolonged treatment and permanent disability – Initial compensation of Rs.1,60,000/- awarded by the Railway Claims Tribunal in 2005 – Appellant underwent multiple surgeries and produced extensive medical evid...

Civil Writ - Challenge to the legality and procedural Mass Transfers of Panchayat Officials – Violation of Legislative Intent and Guidelines – Petitioners challenged mass transfers of Panchayat officials alleging they were carried out in violation of Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994, and guidelines framed in Kera Ram v. State of Rajasthan – Held: Legislat...

Civil Procedure – Appointment of Local Commissioner – Discretion of Court – Revisional Jurisdiction – Application under Order 26 Rule 9 CPC for appointment of Local Commissioner to ascertain the age of a house dismissed by the trial court – Held: Trial court acted within its discretion, observing that the determination of the building’s age was irrelevant to the...

Civil Law - Second Appeal – Scope of High Court's Interference under Section 100 CPC – Reversal of Trial Court's Findings – Validity of Lower Appellate Court's Judgment – The High Court held that under Section 100 CPC, interference is permissible only if the findings of the first appellate court are manifestly perverse, based on inadmissible evidence, or contrar...

Civil Law - Specific Performance – Readiness and Willingness – Non-Compliance – Relief Denied - The agreement holder sought specific performance of a sale agreement executed in 1973 but issued a legal notice to the owners only in 1996, after a delay of 23 years. Readiness and willingness, being distinct and essential elements for seeking specific performance under Section 16(c) o...

Civil Law - Third Party Challenge to Consent Decree – Aggrieved Party – Scope of Leave to Appeal – Denial of Leave – The applicant sought leave to appeal against consent decrees under Section 96(1), CPC, alleging prejudice to his rights under an Agreement to Sell executed in his favor by the respondents. The court held that the applicant, being a holder of an unregistered A...