Railway Accident Claims – Untoward Incident – Unauthorized Crossing of Railway Tracks – Liability under Section 124-A – Tribunal’s dismissal set aside – Victims (two adults and one 3-year-old child) run over by Train No. 19051 at Maihar Station – Railway contended that victims were not bonafide passengers and were illegally crossing tracks – Held: Ev...
Motor Accident Claims - Motor Vehicles Act – Driving Licence – LMV (Non-Transport) Holder Driving Transport Vehicle of GVW 7500 kg – Breach of Policy – Not Made Out – Supreme Court in Bajaj Allianz v. Rambha Devi applied; LMV licence under Section 10(2)(d) authorises driving transport vehicle with GVW not exceeding 7500 kg – No separate endorsement required unde...
Judicial Service – Temporary Promotion – Rule 31(a)(i) KS&SSR – Rule 8 Judicial Ministerial Rules – Government Circulars of 1997 & 2008 banning temporary promotion cannot override statutory rules – Vacancies in Bench Clerk Grade-I causing administrative stagnation due to disproportionate cadre strength – Government’s 19.07.2025 communication allowi...
Hindu Law – Private Debuttar – Building Plan Sanction – Shebaits’ Authority – No Statutory Requirement of Prior Court Permission – Municipality Cannot Demand Civil Court Order for Development of Debuttar Property – Impugned Refusal Quashed – Municipality Directed to Process Plan [Paras 29–37].
Hindu Religious Endowments – Private Debut...
Arbitration – Interim protection – Retention of Title Deeds – Arbitral proceedings had already concluded – No subsisting dispute – Commercial Court justified in rejecting interim relief – Petition dismissed [Paras 14–21].
Arbitration – Pendency of Proceedings – No Existing Dispute – Petitioner argued that arbitral proceedings...
Civil Procedure – Second Appeal – Scope under Section 100 CPC – Appeal against concurrent findings of trial and first appellate courts granting injunction against encroachment on Abadi Deh land – Held: No substantial question of law involved – High Court cannot interfere with pure findings of fact unless perverse or unsupported by evidence – Appeal dismissed [Pa...
Service Law – Recovery from Salary – Theft of Stock – Absence of Notice & Enquiry – No Responsibility Fixed – Executive Engineer’s Recommendations Ignored – Principles of Natural Justice – Held: Petitioner cannot be held liable for thefts; unilateral recovery illegal; order quashed; Corporation directed to refund recovered amount with interest [P...
Trademark Infringement – Territorial Jurisdiction – Assessment of Damages – LC Report – Burden of Proof – Arbitrary Quantification – Delhi High Court partially sets aside decree on damages for lack of evidence; territorial jurisdiction upheld; matter remanded for fresh determination of damages/account of profits [Paras 35–36, 39–43].
Trademark Law...
Industrial Disputes Act – Representation through Advocates – Section 36(3)-(4) – Labour Court debarred Management’s counsel – Held: Workman’s own appearance through counsel amounts to implied consent and waiver – Leave of Court also implied as Labour Court permitted filing of Vakalatnama and allowed adjournment – Order debarring advocate set aside [P...
Family Law – Maintenance – Interim Maintenance – Standard of Living – Husband Part of Wealthy Family Business – Suppression of Means – Wife Entitled to Maintenance Reflective of Marital Lifestyle – Husband’s claim of earning only Rs. 6 lakhs annually held prima facie false – Business-family finances inextricably interlinked – Court must c...