Civil Procedure – Rejection of Plaint – Cause of Action – Agreement of Sale – Petitioner sought rejection of plaint under Order VII Rule 11 CPC on the ground that the agreement of sale stood terminated by notice dated 15.01.2021 – Respondent had not specifically sought declaration of termination notice as illegal – Held: Though termination was pleaded, petitione...
Civil Law – Will - Probate Proceedings – Genuineness and Execution of Will – Sections 63 and 276 of the Indian Succession Act – Probate Granted – The Will dated 11.12.2004, purportedly executed by DKJ, was challenged by his daughter as being forged – The Court found the Will duly proved through testimony of an attesting witness and upheld the grant of probate &n...
Motor Accident Claim – Driver Identity Dispute – Insurer contended that Aman Chauhan, a deceased without a valid driving license, was driving the Alto car at time of accident, rendering policy coverage void – Tribunal and High Court rejected insurer’s claim based on consistent eyewitness testimony and admission of Anil Kumar, who confessed to being the driver and fleeing th...
Trademark Law – Interim Injunction – Intra-group Licensing – Scope of Restraint – Suit filed by respondent sought to restrain petitioner from creating third-party interest including license or assignment of ‘Kirloskar’ trademarks – Trial Court granted injunction on 09.01.2025 – High Court stayed the injunction on 25.07.2025 permitting limited licensi...
Territorial Jurisdiction – Writ Petition against TDSAT Order – Maintainability – Karnataka High Court lacks jurisdiction – Petitioners challenged execution order dated 01.09.2022 passed by TDSAT, New Delhi, under Article 226 – Petitioners contended that since notices for personal appearance were served in Bengaluru, Karnataka High Court had jurisdiction – Held: ...
Property Law – Injunction – Auction Sale – Challenge to possession – Appellants (legal heirs of original plaintiff) sought permanent injunction against Town Municipal Council (TMC) from interfering with their possession over suit properties – Plaintiffs originally filed suit for declaration of title, injunction and mutation of names in revenue records, but later restr...
Goods and Services Tax – Cancellation of Registration – Non-filing of Returns – GST registration of petitioner cancelled under Section 29(2)(c) of the CGST Act due to failure to file returns for six months – Petitioners contended they were unaware of the online procedure and could not respond to the show cause notice – Registration cancelled ex parte without assigning...
Civil Liability – Damages - Negligence by Licensing Authority – Non-issuance of Duplicate License – Driver prevented from duty – Appellant, a permanent DTC driver, lost his license in 1996; MLO refused duplicate citing expiry, though DTC records showed validity till 20.12.1996 – Civil Judge in earlier suit (2002) directed issuance of duplicate license, confirming vali...
Labour Law – Unfair Labour Practice – Continuous Engagement for Over 9 Years – Denial of Permanency – Petitioners employed as Firemen and Drivers by Malegaon Municipal Corporation since 2016–17 on six-month contracts – Worked uninterruptedly, with only technical breaks – Corporation admitted continuous engagement but denied permanency citing financial cons...
Motor Accident Claim – Delay in FIR – Not Fatal – FIR in the present case was lodged ten days after the accident – Held: Delay in FIR cannot by itself be a ground to reject claim – Human priorities in medical emergencies or last rites are valid reasons for delay – Reliance placed on Ravi v. Badrinarayan (2011) 4 SCC 693 [Paras 7, 10, 15]
Negligence – Ey...