Consumer Law - Insurance Law – Rejection of Insurance Claim – Validity of National Permit – Non-Payment of Authorization Fee – Appellant’s insured truck caught fire due to a short circuit on 08.06.2014 while operating in Bihar – Insurance company rejected the claim, arguing that the national permit was not valid due to non-payment of the authorization fee beyond...
Recruitment Process – Cancellation of Previous Selection Process – Right to Reapply – Petitioners participated in 2022 recruitment process but were unable to secure positions—Recruitment process was cancelled by AAI on 13/02/2024—A fresh recruitment process was initiated on 19/12/2024, but petitioners became over-aged under the new eligibility criteria—Held: Can...
Specific Performance – Time as Essence of Contract – Relief Denied – The suit agreement stipulated payment of the balance consideration by 31-10-1994 – The plaintiff failed to pay within the stipulated period and did not issue any notice expressing readiness and willingness – The trial court overlooked material evidence demonstrating the plaintiff’s inaction &nd...
Court Fees – Refund of Court Fees – Section 16, Court Fees Act, 1870 – Not Entitled – The petitioner sought a refund of court fees paid at various stages of litigation, arguing that the case was decided based on a settlement – The High Court rejected the plea, holding that refund is permissible only when the matter is referred to arbitration, conciliation, judicial se...
Service Law – Standard of Proof in Disciplinary Proceedings vs. Criminal Proceedings – Standard of proof in a criminal trial is beyond reasonable doubt, whereas in a departmental enquiry, it is preponderance of probabilities – High Court erred in treating criminal acquittal as binding in disciplinary proceedings – Held: Even if an employee is acquitted in a criminal case, t...
Civil Law – Declaration of Ownership and Permanent Injunction – Family Settlement – Validity of Consent Decrees – Punjab and Haryana High Court upheld the judgments of the Trial Court and the First Appellate Court, which set aside two consent decrees obtained by fraud and misrepresentation by the appellant. The decrees were found void as they created rights in immovable pro...
Civil Law - Land Acquisition – Retrospective or Prospective Application of Compensation Benefits – Section 3J of the National Highways Act, 1956 – Supreme Court had earlier held that Section 3J of the National Highways Act, 1956, by excluding solatium and interest, was unconstitutional as it violated Article 14 – NHAI sought clarification that the judgment in Tarsem Singh (...
Adverse Possession – Khatedari Rights over SC/ST Land – Section 42(b), Rajasthan Tenancy Act, 1955 – Claim Rejected – The petitioners sought declaration of khatedari rights based on adverse possession over land purchased from a Scheduled Caste person in 1965 – The sale was in violation of Section 42(b) of the Rajasthan Tenancy Act, which prohibits transfer of land bel...
Rent Law - Eviction – Bona Fide Personal Necessity – Landlord’s Right to Choose Property Use – The landlord sought eviction for constructing a common room, canteen, and parking area for a PG accommodation – The tenant contended that the landlord possessed other vacant properties suitable for the same purpose – Held: The landlord is the best judge of his requirem...
SARFAESI Act – Auction Sale – Sale to second-highest bidder – Legality of negotiated sale – Held illegal – The highest bidder failed to comply with auction conditions, and instead of conducting a fresh auction, the bank negotiated with the second-highest bidder – Held: Under Rule 9(3) of the Security Interest (Enforcement) Rules, 2002, the property should have b...