Land Revenue – Partition Proceedings – Subsequent Purchasers – Locus Standi – Writ petition challenging partition proceedings after seven years from issuance of sanadtakseem – Held, subsequent purchasers (petitioners) have no locus standi to challenge partition proceedings when predecessor-in-interest had already challenged and failed – Application under Section...
Criminal Law – NDPS Act – Procedural Violations – Appeals against conviction under Section 15 of NDPS Act – Prosecution failed to comply with Sections 52 and 52A – Samples not produced before magistrate for certification – Appellants not informed of arrest grounds – Mandatory procedural breaches caused serious prejudice – Appeals allowed, convictions...
Writ Jurisdiction - Availability of Alternative Remedy – Held, where a statutory remedy is provided, the Writ Court should not exercise its extraordinary jurisdiction. The learned Single Judge erred in entertaining the writ petition without relegating the petitioner to the alternative remedy available under the statutory provisions. [Para 10]
Non-impleadment of Necessary Parties...
Labour Law - Compensation for Retrenchment - Sufficiency of Compensation – Held, the respondent, having worked for 2 years, was adequately compensated with Rs.1 lakh, which was already paid. The Single Judge was justified in setting aside the Labour Court's award based on the respondent not completing 240 days of work. The appeal is partly allowed. [Paras 1-12]
Determination...
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...
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, ...