Medical Termination of Pregnancy Act, 1971 – Section 3 – Reproductive Autonomy and Consent – Held: The right to make reproductive choices is a facet of Article 21 of the Constitution. The consent of the pregnant person is paramount in decisions regarding termination of pregnancy. Under Section 3(4)(b), no pregnancy shall be terminated except with the consent of the pregnant woman...
Trademark Law – Interim Injunction – 'TESLA' Mark – Plaintiff (Tesla Inc.) sought injunction against Defendants (Tesla Power India Private Limited & Ors.) for using 'TESLA POWER' / 'TESLA POWER USA' marks for batteries and EVs – Held: Plaintiff established prior user, overwhelming goodwill, trans-border reputation, and likelihood of confusion; De...
Criminal Law - Corruption Case – Demand and Acceptance – Section 7 and Section 13 of the Prevention of Corruption Act – Conviction set aside – Acquittal - Accused challenged the conviction for demanding and accepting a bribe of ₹3,000 in relation to granting a temporary electricity connection – The Court noted serious discrepancies including the complainant’s ...
Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Wildlife Law – Translocation of Captive Deer – Ecological and Welfare Standards – DDA’s decision to translocate approximately 600 spotted deer from A.N. Jha Deer Park, New Delhi, to Rajasthan and Asola Bhatti Wildlife Sanctuary upheld by the High Court – Petitioner (NGO) alleged violations of the Wild Life (Protection) Act, 1972 and IUCN guidelines – Supreme Cou...
Tenancy Law - Landlord-Tenant Relationship – Succession of Tenancy – H.P. Urban Rent Control Act – Devolution limited to spouse – Original tenant’s widow, Jawala Devi, alone entitled to tenancy under Explanation-I to Section 2(j) – After her death, tenancy did not devolve further under Explanation-II – Other defendants held to be unauthorized occupants [Pa...
Land Revenue – Correction of RoR – Natural Justice – Order recalling rent fixation and altering RoR passed by Additional Tahasildar without issuing notice or hearing the recorded tenants – Held: Violates settled principles of natural justice; order quashed; matter remanded for fresh hearing [Paras 4-6, 8].
Record of Rights – Correction without Notice – Audi A...
Employees’ Compensation – Employer–Employee Relationship – Total Lack of Evidence – Commissioner relied solely on FIR/FIS without oral proof – Appellant specifically denied employment – Held: Existence of jurisdictional fact must be proved; matter remanded for fresh evidence; substantial question of law arises [Paras 7-10].
Employees’ Compensation...
Service Law – Wrongful Pay Fixation – Recovery – Group-D staff performing Group-C duties granted higher pay scale since 2004 – Recovery directed after 10–14 years – Applying Syed Abdul Qadir and Rafiq Masih – Held: Recovery from Group C/D employees, long-delayed and without misrepresentation, is inequitable and arbitrary; impugned memo/order quashed; refun...
Taxation Law - Customs – Refund of Duty – Short Landing or Pilferage – Goods not received by importer – Bill of Entry filed but no Out of Charge order issued – Authorities in dispute over whether goods were short-landed or pilfered – Held: Importer entitled to refund of duty under Section 23 of Customs Act as goods were lost before clearance for home consumption...