Land Acquisition – Adverse Possession – Public Purpose – Appellant, an illiterate widow from a rural background, was divested of her property by the State in 1967 without compensation or legal sanction for the construction of a road – High Court dismissed her writ petition citing laches – Supreme Court finds continuing cause of action, orders compensation on same term...
Arbitration Law – Interim Measures – Jurisdiction – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Tribunal constituted under Section 3 has jurisdiction to grant interim measures under Section 17 of the A&C Act – Contractor’s remedy lies with the Tribunal – High Court’s order restraining recovery without adjudication set...
Consumer Law – Free Gifts – Appellant advertised a holiday voucher scheme with free gifts contingent on referrals – Respondent purchased vouchers but made no referrals – District Forum awarded free gifts (laptop, mobile, TV) and compensation – State Commission and NCDRC upheld the decision – Supreme Court examines scheme terms and finds gifts conditional on refe...
Service Law – Border Security Force Act, 1968 – Misconduct – Appellant, a BSF constable with 17 years of service, dismissed for overstaying leave – Applied for leave extension due to family emergency but rejoined late – Summary Security Force Court convicted and dismissed him – Statutory petition dismissed by Director General BSF – High Court reversed Sing...
Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – S...
Motor Vehicles Act – Section 166 – Contributory Negligence – The deceased, a pillion rider on a motorcycle, was struck by a car – Tribunal awarded compensation for the accident caused by the car’s rash and negligent driving – High Court reduced the award by 10% due to alleged contributory negligence for having three persons on the motorcycle – Supreme Cour...
Civil Appeal – Eviction from a tenanted shop under Section 13-B of the Act – Tenant challenges the eviction order – Grounds raised by the tenant for leave to defend the eviction application examined – Tenant disputes the ownership of the landlord and argues that the summary eviction is not maintainable – Tenant also claims that the landlord possesses other s...
Leasehold Property – Division and Partition – The Gupta and Jain families acquired a leasehold property on a perpetual lease from the Military Estate Officer – The property was sold to them in two equal undivided shares through two separate Agreements to Sell (ATS) – Held: The perpetual lease did not restrict division or partition of the property, allowing each family to ha...
Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regu...
Temple Entry – Right to Worship – Prohibition of Activities Violating Customs – The petitioners, devotees of Guruvayur Sree Krishna Temple, sought to restrain non-Hindus, including the 4th respondent, from entering the temple premises and engaging in activities violating temple customs – The Court considered the provisions of the Kerala Hindu Places of Public Worship (Autho...