Civil Procedure – Injunction – Prima Facie Case – Plaintiff’s suit withdrawn without permission to file afresh. Demarcation by revenue officials found no encroachment. Held, no prima facie case or irreparable loss established by the petitioner. Petition dismissed. [Paras 1-6]
Previous Suit Withdrawal – No Permission to Refile – Earlier suit was with...
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...
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 ...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Anticipatory Bail – Evidence Linking Appellant – Appeal for anticipatory bail under Section 14-A SC/ST Act. Allegation of using objectionable words against a community over the phone, with the audio recording going viral. Held, no evidence linking the appellant to making the audio viral. Bail granted. [Paras 1...
Constitutional Law - Maintainability of Writ Petition - Article 226 -Writ petition under Article 226 of the Constitution of India challenging the order of RERA— Petitioner's contention that the delegation of powers by the RERA to the Adjudicating Officer is beyond jurisdiction— Held that Section 81 of the Act empowers the RERA to delegate any of its powers except for framing regula...
Criminal Law – Rape – Conviction and Sentence – Appeal against the conviction of the appellant under Section 376 IPC for sexually assaulting his minor daughter. Held, the prosecutrix's testimony, supported by medical evidence and other witnesses, is reliable and cogent. The delay in lodging the FIR does not invalidate the complaint, given societal reluctance to report such cr...
Employment Law – Termination During Probation – Misconduct Allegation – Appeal against the order of termination during probation. Held, termination based on unsatisfactory work and conduct during probation is neither stigmatic nor requires a detailed inquiry unless misconduct is specifically attributed. The appellant's termination, based on a "below average" ACR and...
Civil Procedure – Breach of Injunction Order – Appropriate Remedy – Petition challenging criminal complaints for breach of an ad-interim injunction. Held, breach of an injunction should be remedied through Order 39 Rule 2A CPC. Recourse to Section 340 CrPC and Sections 191, 193 IPC is not appropriate for such breaches. Complaints and consequential proceedings quashed. [Paras 8-10...
Interim Injunction – Prima Facie Case and Balance of Convenience: Temporary injunction granted in favour of plaintiffs on the application filed under Order 39, Rule 1 & 2 read with Section 151 CPC. The trial court found that the plaintiffs, having purchased the property and the petrol pump through a registered sale deed, were in possession of the same and the injunction was necessary to ...
Pre-emption Act – Mandatory Court Order for Deposit – Petition challenging dismissal of application for deposit of 'Zare-Panjim' amount. Held, sub-section (1) of Section 22 mandates that the trial court must order the plaintiff to deposit a sum not exceeding 1/5th of the probable value of the land or property, or to provide security. In the absence of such direction, consequenc...