Defamation – Interim Injunction – Personality Rights – Public Figure – Social Media Publications – Applicant, a celebrity chef and entrepreneur, sought injunction restraining respondent from posting defamatory material alleging marital relationship and intimacy – Applicant admitted existence of personal relationship while disputing marriage and paternity –...
Civil Law – Appeal – Maintainability – Section 96 CPC – Appeal lies only against a decree and not against mere findings – Defendant in whose favour decree was passed could not maintain a separate appeal only to challenge adverse findings – Proper remedy was filing cross-objection under Order 41 Rule 22 CPC – Appeal filed by defendant against findings of Tr...
Motor Vehicles Act – Claims Tribunal Procedure – Deletion of Party – Prematurity – Order Quashed – Claimants challenged MACT order deleting insurer (Respondent No.2) at preliminary stage on ground that policy covered only own damage – Tribunal passed order before completion of pleadings, framing of issues and recording of evidence – Held: MACT cannot decid...
Arbitration Award – Execution – Jurisdiction of Seat Court – Objection raised that executing court lacks territorial jurisdiction as judgment debtor’s assets situated outside Mumbai – Held: Seat Court under Section 2(1)(e) of Arbitration Act retains jurisdiction to entertain execution and grant interim reliefs in aid of execution – Award creditor has option to e...
Service Law - Public Employment – Persons with Disabilities – Denial of Appointment – Appellant applied under Visually Handicapped category pursuant to 2019 recruitment by Coal India Limited – Declared medically unfit on ground of multiple disabilities – Single Judge quashed medical unfitness and granted relief for subsequent recruitment – Division Bench reverse...
Taxation Law - GST – Scope of Supply – Assignment of Leasehold Rights – Immovable Property – Not Taxable – Show cause notice issued under Section 74(1) CGST Act alleging non-payment of GST on assignment of leasehold rights in MIDC industrial plot – Revenue alleged transaction amounted to supply of services under Section 7 read with Schedule II – Held: Assi...
Divorce – Appeal against Dismissal of Suit – Special Marriage Act, 1954 – Appellate Court’s Duty – Trial Court failed to appreciate pleadings and evidence on record – Findings based on conjectures and improper appreciation of evidence – Judgment and decree set aside [Paras 10, 37–38, 95–96].
Cruelty – Mental Cruelty – A...
Consumer Law – Procedural Fairness – Inordinate Delay in Pronouncement of Judgment – Violation of Principles of Natural Justice – State Commission reserved orders in 2014 but pronounced judgment after nearly three years – Matter relisted for “further hearing” without proper notice to parties – Final order did not record submissions of either side &nd...
Service Law – Disciplinary Proceedings – Post-Retirement Action – Jurisdiction – Petitioner voluntarily retired w.e.f. 20.01.2003 – Charge memo issued on 26.08.2003 after cessation of employer-employee relationship – Held: Disciplinary proceedings can be continued after retirement only if initiated prior to retirement – Proceedings initiated after retireme...
Hindu Law – Maintenance of Dependants – Widowed Daughter-in-Law – Section 21(vii), Hindu Adoptions and Maintenance Act, 1956 – Respondent became widow after the death of her father-in-law – Family Court dismissed maintenance petition as not maintainable – High Court reversed and held petition maintainable – Supreme Court affirmed – Held: Expression &...