Section 30 of the Act – Appeal against Commissioner’s order – Substantial question of law – When arises – Permanent disability assessment – Whether a substantial question of law arises in assessing the extent of permanent disability – Held, permanent disability assessment is a question of fact, and in the absence of perversity in the reasoning, a substanti...
Recovery mechanism under the 2003 Act and 2005 Code - Licensees empowered to disconnect electricity supply for non-payment - State Commissions authorized to frame regulations - Outstanding dues constituting a charge on assets - PVVNL considered a secured creditor. [Para 39-43]
Distinction between government dues and dues to secured creditors - Priority of clearance - Dues owed to PVVNL not cons...
Trade Marks Act, 1999 – Sections 28(1), 28(3), and 27(2) – Passing off action – Infringement of registered trademark – Prohibitory injunction – Interplay between registered proprietors of identical or nearly resembling trademarks – Exclusive right to use a registered trademark – Right to bring an action for passing off goods or services not affected by reg...
Insurance claim – Repudiation of claim – Grounds for repudiation – Lack of registration certificate, route permit, and fitness certificate – Temporary registration certificate issued for newly purchased vehicle – Fitness certificate deemed to be included in temporary registration certificate – Lack of route permit not applicable when vehicle being moved for safe...
National Award for Teachers (NAT) Scheme – Revised selection procedure – Petitioners sought revision of selection procedure and accommodation of every candidate – Respondent opposed revision, stating it was based on expert opinion and relevant criteria – Court disposed of the writ petition, granting liberty to make a detailed representation to the respondent for revision of...
Licensee or Lessee – Distinction – Determining the Nature of the Document – Jural Relationship – Exclusive Possession – Rent Control Proceedings – High Court of Kerala – O.P.(RC) No. 119 of 2023 – Article 227 of the Constitution of India – Rent Control Court (Additional Munsiff), Thiruvananthapuram – R.C.P.No.35 of 2022 – Eviction o...
Foreign Judgment – Execution in India – Merits of the Judgment – Principles governing the enforceability of foreign judgments in India discussed. [Para 11]
Natural Justice – Failure to consider reply – Conclusiveness of foreign judgment – Impact of non-consideration of evidence and reply filed by the judgment debtor on the merits of the foreign judg...
Promotion – Sealed cover procedure – Validity – Whether the action of adopting the sealed cover procedure by the respondents in the case of the petitioner, who was considered for promotion to the post of Assistant Engineer (Civil) but had a pending criminal case, was justified – Held, the sealed cover procedure can only be adopted after issuance of a charge-memo or charge-s...
Detention under Foreigners Act - Power to Detain and Confine - Delegation of Authority - G.O.Rt.No.599, dated 02.11.2021 issued by 1st respondent - Legality - Writ Petition challenging the Government Order - Delegation of power under Section 3(2)(g) of the Foreigners Act - Absence of such delegation - Detenu's alleged fraudulent entry into India and possession of forged documents - Grant of ba...
Civil Procedure – Ex-Parte Order – Setting aside of – Adequate opportunity to the defendant – Importance of providing a fair opportunity to the litigants – Court should not pass an ex-parte decree without cogent reasons supporting such a decision – Need for proper examination of evidence before passing judgment.
Delay in filing the appeal – Di...