Administrative Law - Appointment Process - Selection Committee Recommendations - Validity of Appointment – Held, the State Government is bound to follow the recommendations of the Selection Committee under Rule 6(10) of the Consumer Protection Rules, 2020. The appointment of a candidate lower in merit without assigning valid reasons constitutes a negation of the rule. The impugned appointmen...
Property Law - Partition Suit - Mohammedan Law - Validity of Gift Deeds - The appellant challenged the validity of two gift deeds (Exts.B1 and B2) executed by the deceased Abdulla in favor of the second respondent (daughter). The trial court dismissed the suit for partition, upholding the gift deeds. The High Court found that the essentials of a valid gift under Mohammedan law—declaration, a...
Habeas Corpus – Child Custody – Jurisdiction of Writ Court – The Calcutta High Court dealt with a habeas corpus petition filed by the father seeking custody of his two minor children from the mother. The petition alleged that the mother had wrongfully removed the children from Kolkata to Bhopal and was unlawfully detaining them. The Court noted that the paramount consideration in...
Trademark Law - Infringement vs. Passing Off - Distinctiveness of Packaging - The court dealt with a case where the plaintiff alleged trademark infringement by the defendant, who was using similar packaging for a product ("Shev Chiwda"). The court observed that the plaintiff was not using the registered device mark on his product packaging. The defendant’s packaging, which used dif...
Wills – Conflicting Wills – Validity and Proof – The appeal dealt with the validity of two wills executed by Bangaru Viswanadham. The plaintiffs supported the will dated March 17, 1994, which was registered, while the defendants supported an unregistered will dated April 25, 1994. The court held that the will dated March 17, 1994, was validly executed in accordance with the law. ...
Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeals challenging the awarded compensation for death of a 55-year-old in a vehicular accident - Held, compensation enhanced considering future prospects, loss of consortium, and updated multiplier - Enhanced compensation awarded. [Paras 10-14]
Violation of Insurance Policy Terms - Goods Carriage Vehicle - Route Permit - Gr...
Additional Evidence - Scope and Permissibility - Revision petition against the First Appellate Court’s order allowing additional evidence - Held, additional evidence permissible under Order XLI, Rule 27(b) CPC if necessary for pronouncing judgment - First Appellate Court correctly allowed mutation record as it was critical to determine the coparcenary nature of the property - Revision petiti...
Motor Vehicles Act - Liability of Insurer - Appeal against award of compensation - Insurance policy cancelled due to dishonor of cheque for premium payment - Held, insurer cannot avoid liability unless policy cancellation is communicated to insured before the accident - Requisite provisions under Sections 147(4) and (5) of the Motor Vehicles Act not complied with - Appeal dismissed. [Paras 9, 11, ...
Public Service - Unauthorized Leave - Dismissal - Petition for quashing dismissal order - Petitioner sought ex-India leave for IVF treatment without waiting for final decision and left the country - Held, leave cannot be claimed as a matter of right, and in exigencies of public service, leave can be revoked by competent authority - Absence without sanctioned leave and failure to join disciplinary ...
Criminal Law - Dacoity - Requirement of Five or More Persons - Appeals against convictions under Sections 395 and 397 IPC - Accused convicted for dacoity by trial court despite being less than five persons - Held, conviction for dacoity requires five or more persons as per Section 391 IPC - Conviction of less than five persons for dacoity erroneous - Convictions set aside. [Paras 11, 13, 17]
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