Civil Procedure – Second Appeal – Scope of Interference – Court reiterated the limited scope of interference in second appellate jurisdiction under Section 100 CPC – Findings of fact by lower courts cannot be disturbed unless there is clear perversity – Appeal dismissed as no substantial question of law arose [Paras 16-22].
Specific Performance – Re...
Civil Procedure – Requirement for Reasoned Judgments – The Supreme Court quashed the impugned judgment of the Division Bench for failing to provide reasons or consider the Government Orders brought to its notice. Citing the importance of reasoned judgments, the Court emphasized that the absence of reasoning introduces uncertainty and prevents a proper understanding of the basis for a d...
Motor Accident Claims – Proof of Involvement – Sections 279, 337, 427, 304-A IPC – Held, the claimants failed to establish the involvement of the Scorpio vehicle in the accident – There was no corroborative evidence, such as a police final report, damage assessment, or reliable eyewitness testimony – The claim appears to have been staged to obtain compensation [Paras ...
Protection of Life and Liberty – Live-In Relationship – Articles 226, 227, and 21 of the Constitution – Held, protection of life and liberty is a basic feature of the Constitution – Every person, including those in a live-in relationship, is entitled to protection – Court directs necessary steps to ensure petitioners’ safety from those unhappy with their relatio...
Correction of Date of Birth – Delay in Claim – Held, correction of date of birth cannot be claimed as a matter of right at the fag end of service – Such claims should be made without unreasonable delay – In this case, the petitioner sought correction after nearly two decades of service, which is unjustified [Paras 17-18].
Judicial Precedents – Consistent ...
Automatic Stay – Pendency of Appeal – Section 13 of the Punjab Land Revenue Act – Held, mere pendency of an appeal or application for stay does not render the impugned judgment inoperative – Statute does not provide for an automatic stay on filing of an appeal – Petitioners’ plea for automatic stay rejected [Para 11].
Sanctioning of Mutation –...
Doctrine of Estoppel – Acquiescence – Section 33 of the Trade Marks Act – Requirements for Acquiescence – Held, Section 33 of the 1999 Act is based on the doctrine of estoppel – To apply, the subsequent user must be a proprietor of the same registered trade mark, acquiescence by the previous proprietor must be for a continuous period of 5 years, and the earlier propri...
Quashing of Orders – Section 148 of the Negotiable Instruments Act – Deposit of Compensation – Section 482 Cr.P.C. – Petition to quash orders directing deposit of 20% compensation during the pendency of appeal – Held, Section 148 empowers the appellate court to order deposit at any stage during appeal – The provision starts with a non-obstante clause, overriding...
Trademark and Surname – Section 35 of the Trade Marks Act, 1999 – Bona Fide Use – Surnames – Held, the usage of one’s surname in trade cannot be restricted even by a registered proprietor if the use is bona fide – Surname forms an essential part of a person’s name – Honest use of a person’s surname, without intent to harm or exploit another'...
Priority of Secured Creditors – Section 26(E) of SARFAESI Act – Section 48 of Transfer of Property Act – Held, rights created prior in time, such as a mortgage, have priority over subsequent attachments – Auction purchasers’ rights protected – SARFAESI Act provides secured creditors with priority over other debts and government dues [Paras 14-16].
T...