Arbitration Law – Scope of Judicial Review – Sections 37 of Arbitration Act and Section 13 of Commercial Courts Act – Appeal against arbitral award – Non-compliance with Section 18(2) of MSMED Act – Appellants participated in arbitration after dismissal of writ petition – Same issue cannot be raised de novo – Scope of judicial review minimal – Appeal...
Motor Vehicles Act – Compensation for Death – FIR under Sections 302, 379, and 188 IPC – Claim petition dismissed as FIR pertained to murder, not a negligent accident – Death caused by accident by offending vehicle proved – Intention of the driver immaterial – Use of vehicle on road and resulting accident sufficient for compensation – Appeal allowed &ndash...
Negotiable Instruments – Presumption and Burden of Proof – Application for leave to appeal against acquittal under Section 138 of the Act – Respondent issued cheque for Rs.2,50,000, which was dishonoured – Respondent claimed cheques were stolen and account was closed – Court held that initial burden is on complainant to prove transaction leading to issuance of cheque ...
Service Law – Assured Career Progression – Adverse Annual Confidential Reports (ACRs) – Writ petition seeking the quashing of the order denying the petitioner the first ACP scale and directing the respondents to grant the first ACP scale upon completion of eight years of service. The petitioner’s service records included a “below average” ACR for 2009 and &ldquo...
Service Law – Assured Career Progression – Technical and Non-Technical Pay Scales – Writ petition seeking quashing of the order that rejected the petitioner’s pay fixation in the pay scale of Rs. 5200-20200 + GP 3200 as the first ACP from 01.02.2006 and reduced his pay. The petitioner was granted a technical pay scale earlier, which should be treated as the functional pay s...
Administrative Law – Appointment of Drawing and Disbursing Officer (DDO) – Writ petition seeking quashing of the order withdrawing DDO powers from the petitioner and conferring them on respondent No.4. The petitioner contended that the DDO powers should not be assigned to an officer from outside the office. Held, the DDO powers are administrative and meant for the smooth running of the...
Civil Procedure – Interim Injunction – Use of Property – Petitioners-defendants challenged the orders restraining them from using a building in their possession until they paid an agreed sum to the respondents-plaintiffs. Held, restraining the use of the building through an interim order amounts to granting the main relief sought in the suit. The main relief cannot be extended as...
Rent Control Law – Provisional Assessment of Arrears – Revision Petition against the dismissal of execution petition for arrears of rent – Tenant failed to pay arrears on the adjourned date due to a "no work day" observed by lawyers – Court held that nothing precluded the tenant from paying/depositing arrears despite the "no work day" – Petition di...
Civil Procedure – Unsoundness of Mind – Order XXXII Rule 15 CPC – Petition to take plaint off the record on grounds of plaintiff's alleged unsoundness of mind – Court held that before taking the plaint off the record, there must be a pre-existing adjudication or declaration by a Court regarding the unsoundness of mind of the plaintiff – Petition dismissed with cos...
Motor Vehicles Act – Claim Petition – Standard of Proof – Claim petition dismissed by Tribunal holding rash and negligent driving not proved – Death of deceased in accident fully established by evidence – Strict rules of evidence and standard of proof under CrPC not applicable to claim proceedings – Tribunal's dismissal on negligence grounds erroneous &ndash...