Motor Accident – Compensation Claim – Minor Child – Negligent Driving – Tribunal dismissed claim citing lack of evidence of rash driving by respondent – High Court finds findings perverse and based on misappreciation of evidence – Testimony of eye-witness mother (PW-2) consistent and unimpeached – Another eye-witness (PW-3) corroborated material facts &nda...
Public Contracts – Delay in Submission of Security – Blacklisting – Proportionality – Contractor failed to submit APS and ISD by 22.07.2024 due to illness and deposited on 24.07.2024 – Explained delay with medical certificate – Tender cancelled, portal registration blocked, and contractor blacklisted for three years – Held: Delay of two days was due to bon...
Election Law – Municipal Elections – Civil Revision under Section 441-F(2) of M.P. Municipal Corporation Act – Scope of Revisional Jurisdiction – High Court not to reappreciate evidence but can interfere where Trial Court exercised jurisdiction not vested in it or based findings on conjectures – Held: Impugned judgment suffered from jurisdictional error and perverse a...
Electricity Law – Change in Law – Carrying Cost – Interest at LPS Rate – Compounding of Interest – Remand Orders – Scope and Effect – Appellant power generator supplying electricity under long-term PPAs sought compensation for Change in Law events along with Carrying Cost – State Commission initially denied Carrying Cost – APTEL by remand order...
Trademark Law – Infringement – Interim Injunction – Registered Word Mark “HP” – Defendant’s use of “HP+” and “HP®+” – Deceptive similarity – Use of ® symbol without registration – Clear case of infringement under Sections 29(2)(b), 29(2)(c) read with Section 29(3) – Held: Use of identical dominant mar...
Rent Control Law – Eviction Petition – Fixed-Term Lease – Jurisdiction of Rent Controller – Order VII Rule 11 CPC – Tenants sought rejection of eviction petition at threshold contending that lease deed was for a fixed term of 30 years with renewal clauses – Argument that eviction proceedings during subsistence of contractual lease are not maintainable – He...
Arbitration – Appointment of Arbitrator – Section 11 of Arbitration Act – Scope of Court’s Inquiry – At referral stage, Court is confined to examining prima facie existence of arbitration agreement – Issues of arbitrability, oppression and mismanagement, or maintainability to be decided by arbitral tribunal – No mini trial permissible [Paras 14–18].
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Motor Vehicles Act – Fatal Accident – Multiple Claims from Same Accident – Common Judgment – Appeals arising out of a single accident dated 24.09.2021 involving collision between TATA Ace (mini truck) and Maruti Swift car – Deaths of Kuldeep Kaur, Surinder Singh and Chhinder Kaur – Separate claim petitions decided by MACT – All connected appeals disposed o...
Taxation Law - Customs – Scope of Appellate Tribunal Jurisdiction – Redemption Order – Tribunal, in an appeal filed by the assessee challenging confiscation and penalty, ordered absolute confiscation of goods despite adjudicating authority having permitted redemption on fine – Held: Tribunal exceeded its jurisdiction since the Department did not challenge the redemption dir...
Arbitration – Challenge to Arbitral Award – Variation in Contract Items – Petitioner sought payment for variation (non-BoQ) items under IPC-5 for road works undertaken under a separate contract – Arbitral Tribunal, by majority, awarded part of the claim (Rs.77.98 lakhs) based on Clause 37.2 rates – Petitioner challenged award under Section 34 alleging rates should hav...