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...
Education Law – Admission and Eligibility – Fault of School – Petitioner took Class XII examination but was declared ineligible due to his Class X certificate being from a non-recognized school – Court held it was the responsibility of the admitting school to verify documents before granting admission to Class XI – Fault lies with the school, not the student – W...
Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service R...