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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Court Fees Act - Specific Claim for Damages - Quantum - Revision petition against order dismissing application for rejection of plaint due to insufficient court fee - Suit claimed specific damages of Rs. 20 lakhs, but court fee of only Rs. 50/- affixed - Held, court fee must be affixed on the specified amount claimed as per Section 7(i) of the Court Fees Act - Order of trial court set aside - Resp...
Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeal challenging the awarded compensation for death of a minor child - Held, notional income of deceased child taken as Rs. 30,000/- per annum with a multiplier of 16 as per Sarla Verma case - Compensation for loss of dependency fixed at Rs. 4,80,000/- - Additional Rs. 44,000/- each awarded to parents for loss of consortium - Enhanced ...
Service Law - Regular Appointment - Delay in Verification - Writ petition for regular appointment benefits from date of appointment - Petitioner appointed as PGT Home Science on regular basis, but benefits not given due to delay in experience certificate verification - Held, petitioner entitled to benefits of regular employee - Delay attributable to Department, not petitioner - Petitioner to be tr...
Appointment of Lambardar - Choice of Collector - Interference by Higher Authorities - Held, the choice of the Collector cannot be lightly interfered with unless there is some perversity or illegality in the order - Collector considered the comparative merits of all candidates - Found respondent no.4 more qualified, younger, and financially stronger - Appointment upheld. [Para 12, 15]
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Eviction of Tenants - Definition of 'Residential Building' - Section 13(3)(a)(iv) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 - Words 'residential building' will include and mean 'non-residential building' as well - Held, once residential building includes non-residential building for eviction under Section 13, the same applies to sub-clause (iv) of clause...
Intellectual Property Law - Trademark Infringement - Film Titles - The plaintiff, co-owner of the film franchise "Aashiqui," sought to prevent the defendant from using the title "Tu Hi Aashiqui" for its proposed film. The court examined whether the title "Aashiqui" is generic or common to trade and found that the term, while suggestive of romance, has acquired distinc...
Education Law – Revaluation of Answer Sheets – Online Examinations – Petitioners challenged the University’s decision to disallow revaluation of answer sheets from online examinations conducted due to COVID-19. Court held that revaluation regulations framed by the University Senate apply to all forms of examinations unless explicitly excluded. Controller of Examination'...
Civil Procedure – Jurisdiction of Civil Courts – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Senior citizen mother filed a civil suit for eviction of her son from her property – Appeal questioned the jurisdiction of Civil Courts, citing exclusive jurisdiction of the Tribunal under the 2007 Act – Court held that the jurisdiction of Civil Courts i...