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...
Specific Performance – Agreement to Sell – Readiness and Willingness – Sections 16 and 20 of the Specific Relief Act – Plaintiff must not only aver but also prove readiness and willingness to perform the essential terms of the contract – Plaintiff’s failure to disclose financial capacity and readiness in cross-examination leads to adverse inference – Refun...
Jurisdiction of Civil Court – Enforcement of Secured Assets – SARFAESI Act – Scope of Section 17 and Section 34 – Held, civil court does not have jurisdiction to negate the enforcement rights of a secured creditor under the SARFAESI Act – Disputes regarding secured assets fall within the jurisdiction of the Debt Recovery Tribunal (DRT) – Civil court orders canno...