Labour Law - Industrial Disputes – Wrongful Termination – Compensation Instead of Reinstatement – Whether Justified – Held: Yes – The respondent was employed as a bus driver from 05.03.2002 but was terminated on 09.09.2012 without notice – The petitioner claimed voluntary abandonment, citing a full and final settlement of ₹30,000 – The Labour Court found...
Eviction Notice - Town Planning – Eviction Under MRTP Act – Rights of Tenants in Redevelopment – Petitioners, long-term occupants of commercial premises, challenged their eviction due to road widening – The Court reiterated that tenants do not have the right to challenge eviction notices under the MRTP Act; only the landlord (owner) can challenge such actions – Held: ...
SARFAESI Act – Maintainability of Writ Petition – Exhaustion of Alternative Remedies Required - The petitioners, challenging the DRT’s order denying stay on asset possession, argued that procedural lapses warranted court intervention. However, the court highlighted the SARFAESI Act’s self-contained remedy structure, requiring petitioners to exhaust statutory avenues before ...
Service Law – Promotion During Punishment Period – Eligibility Criteria – The respondent was awarded a penalty of stoppage of two increments for 30 months ending on 16.12.2017—The appellant bank reverted his promotion on the ground that he was ineligible on the date of initial promotion (14.08.2017)—Held: While an employee cannot be promoted during the currency of a p...
Permanent Injunction – Co-sharers – Right to Possession – Encroachment – Plaintiffs, a registered management committee, claimed exclusive possession of the suit property and sought a permanent injunction against Defendant No.1 from interfering in its management, possession, and structures – Defendant No.1 argued that the plaintiffs had encroached upon public land &nda...
Trademark Infringement – No Deceptive Similarity – "BundlePe" & "LatePe" Not Confusingly Similar to "PhonePe" – Plaintiff alleged that defendants' marks "BundlePe" & "LatePe" were deceptively similar to "PhonePe" and likely to confuse consumers – Held: The word "Pe" is not inherently distincti...
Civil Law – Permanent Injunction – Maintainability of Suit – Grant of Land – Ownership in Question – Plaintiff's Suit Dismissed
Permanent Injunction – Suit Without Declaration – The plaintiff-Mutt sought an injunction to restrain the defendant-Mutt from interfering with its pooja and aradhana at the Brindavana of Sri Narahariteertharu, located on go...
Condonation of Delay – Section 5 of Limitation Act – Litigant’s duty to be vigilant – Appellants sought condonation of delay of 565 days in filing the appeal, alleging professional misconduct of their previous counsel – Held: Mere blaming of counsel without taking any action against them is insufficient to establish sufficient cause for condonation of delay – Li...
Rent Law - Eviction Proceedings – Ex Parte Order – Procedural Irregularities – The Rent Control Court passed an eviction order without assessing the merits of the case – The ex parte nature of the proceeding does not relieve the court from its duty to examine the sufficiency of the evidence – Held: The eviction order was mechanically passed solely because the evidence...
Reassessment Proceedings – Applicability of First Proviso to Section 147 – Extended Time Limit Under TOLA – The petitioner argued that the reassessment notice under Section 148 was issued beyond four years without any failure on his part to disclose material facts fully and truly, and hence, was barred by the first proviso to Section 147 – The Revenue contended that the ext...