Service Law – Pay Revision – Revised Pay Rules, 2017 – Employees in Service on Cut-off Date – Appellants attained age of superannuation in March 2016 – By virtue of FR 56(a), date of retirement extended to 31.03.2016 – Rules of 2017 applicable to employees in service on 31.03.2016 – Held: Appellants were in service on the cut-off date and entitled to revis...
Arbitration Law – Termination of Proceedings – Arbitration and Conciliation Act, 1996, Sections 25, 30, 32, 38 – Interpretation of Tribunal's Power – The Supreme Court held that Section 32 of the Act is exhaustive and covers all cases of termination of arbitral proceedings. The power of the arbitral tribunal to terminate proceedings under the scheme of the Act lies only...
Trademark Law - Infringement - Passing Off - Well-Known Mark - Section 159(5) of Trade Marks Act, 1999 - Interim Injunction - The use of a deceptively similar mark, even for different services, by a defendant with knowledge of the plaintiff's well-known registered trademark, constitutes infringement and passing off, warranting an interim injunction- The "saving" provision of Section ...
Hindu Law – Joint Family Property – Sale by Karta – Plaintiffs, sons of the first defendant, challenged sale of 0.70 cents of ancestral property made by their father (first defendant) in favour of his brother (second defendant) – Property was ancestral, and plaintiffs had birthright – Held: Sale deed not binding on plaintiffs’ 2/3 share – Valid only to the...
Maharashtra Rent Control Act, 1999 - Competent Authority - Jurisdiction to Award Damages - Execution of Orders - Section 24(2) of the Rent Act - The Competent Authority under the Maharashtra Rent Control Act, 1999, has jurisdiction not only to order eviction but also to determine and award damages at double the license fee against an overstaying licensee- Such orders are executable as if they were...
Specific Performance – Agreement to Sell – Limitation – Mixed Question of Fact and Law – Plaintiff sought enforcement of agreement dated 15.05.1972 after prolonged litigation involving title of land – Trial Court dismissed suit as time-barred without permitting plaintiff to lead evidence on delay being attributable to State litigation and mutation finalisation –...
Rent Control and Eviction Laws – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 vs. State Rent Control Acts – Overriding Effect – Conflict between Suhas H. Pophale v. Oriental Insurance Co. Ltd. (2014) and Ashoka Marketing Ltd. v. Punjab National Bank (1990) – Held: Suhas H. Pophale laid down incorrect law by holding that the PP Act 1971 is prospective and d...
Insurance Law – Pradhan Mantri Garib Kalyan Package (PMGKY) – Meaning of "Requisitioning" of Services – Appellant’s husband was a private doctor who died of COVID-19 – Claim rejected on ground that his services were not specifically requisitioned – High Court upheld rejection stating the municipal notice only directed keeping clinics open and was not a...
Banking Law – Pledge of Gold Ornaments – Right of Redemption – Petitioner availed gold loan repayable by 12.01.2025 – Bank conducted auction on 17.01.2025 without observing 30-day post-maturity redemption period stipulated in contract – Held: Premature auction violated Section 176 of Contract Act and terms of pledge – Petitioner’s offer to pay dues two day...
Land Revenue – Khatedari Rights – Urban Land – Waiver – UIT challenged orders of RAA and BOR (2003) conferring khatedari rights on Girdhari – Court held that UIT had accepted and acted upon those orders by issuing pattas under Section 90-B and granting construction permissions – Held: UIT, having waived its right and acted in acquiescence, was estopped from reas...