Civil Procedure – Res Judicata – Suit for Injunction Barred by Prior Decree – Appellant-plaintiff, claiming as Karanavan of Kadapurathaillam Tarwad, filed suit for prohibitory injunction alleging unlawful possession by members of a Thavazhi – Trial Court dismissed suit as barred by res judicata based on earlier decisions (OS 47/1969 and OS 6/1975) – Held: Prior suit i...
Co-operative Societies – Election Disqualification – Default in Other Society – Not Automatic – Disqualification under Section 29C(1)(a) of Karnataka Co-operative Societies Act applies even to persons seeking election and not just those already elected – However, the disqualification is not automatic – Held: A person cannot be disqualified solely based on an all...
Motor Accident – Compensation – Enhancement of Award – Claimant, a government employee, sustained grievous injuries including facial disfigurement and loss of teeth in a motor vehicle accident involving a Tata Truck – Tribunal awarded Rs. 1,27,160/- but granted only Rs. 2,160/- towards medical expenses despite documentary evidence of higher costs – On appeal, High Cou...
Motor Accident Compensation – Dependency Units – Minor Dependents – Appeal by insurer challenging calculation of dependency on the ground that minor dependents should count as half unit under Rule 220-A(2) of UP Motor Vehicle Rules – Held: Constitution Bench judgment in Pranay Sethi and Sarla Verma lays down that each dependent, irrespective of age, is to be treated as one ...
Motor Vehicles – Compensation – Fatal Accident – Reassessment of Income – Deceased died in road accident due to negligent driving of bus which deviated from its permitted route – Tribunal awarded compensation of Rs. 18.86 lakhs based on notional income of Rs. 8,000/month – High Court reassessed income at Rs. 15,750/month with 40% future prospects, applying multi...
Practice and Procedure – Adverse Remarks Against Counsel – Modification of Order – Supreme Court had imposed Rs. 2 lakh costs and made adverse observations against State Election Commission’s counsel for persistent insistence despite repeated disinclination expressed by the Bench – Counsel filed Miscellaneous Application seeking expungement and waiver of cost – ...
Service Law – Refixation of Pay – Retrospective Promotion – Re-option for Pay Revisions – Retired Administrative Assistant granted retrospective promotion to Upper Division Clerk w.e.f. 01.11.1971 – Re-option request for 1973, 1978 and 1983 pay revisions rejected as delayed – Tribunal found re-option inadmissible due to absence of retrospective revision in pay s...
Civil Procedure Code – Order 7 Rule 11(d) – Limitation – Mutation proceedings – Possession based on title – Suit for declaration and possession not ex facie barred where mutation proceedings culminated in 2017 and suit filed within three years – Limitation for possession 12 years under Article 65 – Declaratory right continuing – Rejection of plaint u...
Civil Procedure Law – Execution of Decree – Power of Attorney – Validity of Execution Application Signed by Agent – Held Valid – Judgment-debtors challenged maintainability of execution application signed by decree-holder’s father acting as power of attorney – Contended POA was only for trial, not execution – Court held Rule 11(2) of Order XXI CPC al...
Civil Law - Partition – Family Arrangement – Relinquishment of Share – Plaintiff claimed joint allotment in ancestral property along with her brothers under 1981 partition deed – Trial Court granted her 1/12th share – On appeal, High Court held that plaintiff and her mother had explicitly relinquished their share in favour of defendants 1 and 2 under Ex-B.34, the regi...