Motor Vehicles Act – Validity of Driver’s License – Absence of Endorsement for Hazardous Goods – Appeal by insurance company against liability due to the driver's lack of endorsement for hazardous goods on the driving license. Held, absence of necessary endorsement amounts to a fundamental breach of the insurance policy, absolving the insurance company of liability. The...
Service Law - Departmental Proceedings vs. Criminal Proceedings – LPA challenging reinstatement after dismissal of peon despite acquittal in criminal case – Departmental inquiry found employee guilty of misconduct – CCTV evidence showed misuse of ATM card – Criminal court acquitted due to lack of evidence – Held, departmental proceedings based on preponderance of prob...
Property Law – Nazul Plot – Auction and Conversion – Appeal concerning a Nazul plot wherein the highest bid by City Montessori School was initially accepted but later cancelled – Subsequent conversion of leasehold rights to freehold in favor of an alleged lessee found to be illegal by the High Court – Supreme Court upholds the High Court’s decision, emphasizing ...
Custody of Minor - Mother's Right – Writ of Habeas Corpus under Article 226 – Section 6 of Hindu Minority and Guardianship Act, 1956 – Custody of minor girl child aged less than 5 years – Petitioner-mother sought custody from father and grandparents – Held, mother's love and care indispensable for healthy growth – Grandparents unable to provide equivalen...
Parole - Temporary Release for Medical Reasons – Petition under Section 482 Cr.P.C. seeking parole under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner’s mother seriously ill and hospitalized – Petitioner previously released on emergency parole without misuse – Parole rejected on grounds of apprehension of absconding a...
Civil Procedure – Amendment of Pleadings – Petition for amendment of written statement in matrimonial case. Held, the provisions of Order 6 Rule 17 CPC empower the court to allow amendments at any stage to determine real questions in controversy. Amendments to written statements are granted more liberally than to plaints, especially when they elaborate the defense and are explanatory i...
Motor Vehicles Act – Liability of Insurance Company – Two Driving Licenses – Appeal against liability based on the driver holding two licenses. Held, merely holding two licenses does not invalidate either unless proven fake. Both licenses issued to the driver were valid on the date of the accident, hence, the insurance company remains liable. [Paras 1-8]
Residency Re...
Motor Vehicles Act – Liability of Insurance Company – Delay in Lodging FIR – Appeal against compensation award on grounds of delay in FIR lodging and non-examination of deceased’s father. Held, delay in lodging FIR due to attending injured cannot be fatal. Non-examination of deceased’s father inconsequential as the accident and injuries were established by eyewitness ...
Administrative Law – Enhancement of Punishment – Letters Patent Appeal against Single Judge’s Order – Respondent’s three annual increments were stopped and subsequently, he was dismissed from service by the DIGP, CRPF. Appeal and revision were dismissed. Single Judge set aside the punishment orders due to lack of detailed consideration of the inquiry report and non-sp...
Service Law - Gratuity and Interest - Payment and Refund – LPA challenging Single Bench order allowing interest on gratuity amount from 26.03.2002 to 01.11.2010 – Employee retired in 2001, received gratuity but had to refund it upon opting for the pension scheme – Supreme Court in Allahabad Bank &Anr. vs. All India Allahabad Bank Retired Employees Association ruled employees ...