Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appoint...
Promissory Note – Execution and Validity – Plaintiff claimed recovery based on a promissory note executed by the defendant – Defendant denied execution and alleged forgery – Trial court decreed in favor of the plaintiff – High Court upheld the trial court’s judgment, emphasizing the plaintiff’s successful discharge of the burden of proof regarding the exec...
Lok Adalat Awards – Legitimacy of Settlements – The RSRTC challenged the National Lok Adalat awards on the grounds that the counsel who signed the settlements was unauthorized. The court held that the awards, passed under the RSRTC's policy allowing reinstatement without back wages, were valid and binding. It emphasized that Lok Adalat awards have the same finality as a civil court...
Motor Accident Claims – Compensation and Dependency – Appeal against MACT award – Appellant Insurance Company contested the notional income of the deceased set at Rs. 6000/- per month and the entitlement of the deceased’s parents to claim compensation – Held, the Tribunal was correct in determining the income based on the deceased being a skilled laborer – Depen...
Civil Procedure – Rejection of Plaint – Application under Order VII Rule 11 CPC for rejection of suit on grounds of being barred by law due to previous suit dismissal under Order IX Rule 9 CPC – Court examines whether suit is barred by law solely based on plaint averments – Held, suit not manifestly barred; averments did not disclose the suit as barred by law without defens...
Rent Control – Bonafide Requirement – Eviction of Tenant –
Plaintiffs sought eviction of defendant from the suit premises for bonafide personal need and office use – Defendant contended possession of entire ground floor, claimed misrepresentation of facts – Courts below found plaintiffs’ requirement genuine and bonafide – Defendant’s claim of occu...
Real Estate Development – Slum Rehabilitation – Appeal against termination of development agreement for slum redevelopment project – Appellant failed to complete project within stipulated time – Prolonged delays attributed to litigation, environmental clearance, non-cooperation of slum dwellers, and financial instability – Supreme Court upheld termination – Emph...
Legal Profession – Enrolment Fees – Challenge to State Bar Councils (SBCs) charging fees in excess of the statutory enrolment fee prescribed under Section 24(1)(f) of the Advocates Act – Supreme Court held that miscellaneous fees charged by SBCs in addition to enrolment fees are part of the enrolment fee and cannot cumulatively exceed the amount specified in Section 24(1)(f) &nda...
Property Law – Rights of Widow – Appellant’s rights in deceased husband’s property ceased upon remarriage – Section 2 of the Hindu Widow’s Remarriage Act, 1856 applied – Court held that remarriage caused widow to lose her rights in the deceased husband’s estate – Estate to devolve upon the next heirs of deceased husband [Paras 17-22].
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Consumer Law – Real Estate – Refund of Deposited Amount – The appeal arose from an order directing the respondent-developer to refund the entire sum deposited by the appellants with interest – Commission initially ordered 9% interest – Supreme Court modified the interest rate to 12% per annum from the date of deposit till refund – Developer's claim of force ...