Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court High Court Quashes Proceedings for Two Accused in Unauthorized Construction Case, Criticizes Arbitrary Implication Commissioner Duty Bound to Decide Appeal on Merits: High Court Clarifies Application of Kar Vivad Samadhan Scheme Dismissal of Petitions Seeking Quashing of Proceedings in Fraudulent Land Transactions Involving Government-Vested Land: Calcutta High Court Quashing FIR in Dowry Harassment Case Not Justified Without Thorough Investigation," Rules Kerala High Court Deletion of Name from Revenue Records Without Notice Violates Principles of Natural Justice: Andhra Pradesh High Court Delay in Seeking Compassionate Appointment Defeats Purpose of Scheme: Orissa High Court Overturns Single Judge Order Karnataka High Court Sets Aside Temporary Injunction in LLP Fraud Case: No Prima Facie Evidence of Fraud Established Kerala High Court Upholds Departmental Proceedings Against Police Officer on Deputation for Immigration Duty Judicial Review Under Article 226 Is Not an Appeal Over Disciplinary Findings: Punjab and Haryana High Court Lack of Medical and Scientific Evidence Prevents Conviction in Sodomy Case: Himachal Pradesh High Court Acquits Accused Under POCSO Act Overwriting and Minor Discrepancies Do Not Vitiate Valid Execution of Will: Calcutta High Court Full Back Wages Awarded to Dismissed Co-operative Bank Employee for Suspension Period: Kerala High Court Character Assassination by Husband Justifies Wife's Refusal to Co-Habit: Orissa High Court Upholds Maintenance Award to Wife Defendants Forfeited Tenancy by Denouncing Plaintiffs' Title: Punjab and Haryana High Court Rules in Land Dispute Procedural Rules Must Facilitate Justice, Not Obstruct It, Says Court While Allowing Applications for Additional Documents in a Commercial Suit: Andhra Pradesh High Court Punjab and Haryana High Court Dismisses Appeals Over Disputed Sale Deeds, Affirms Need for Concrete Evidence of Minor Status

"CIVIL" Digest

Constitutional Law - Pensionary Benefits - Article 226 - Employees who were in service prior to January 1, 2004, on daily wage or adhoc basis, and whose services were regularized after this date are governed by the old pension scheme - Denial of pensionary benefits on the ground of being governed by the new pension scheme is unsustainable - Petition allowed. [Paras 6, 8]   Employment La...

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...

Civil Procedure - Appointment of Local Commissioner - Article 227 of Constitution - Order 26 Rule 9 CPC - Application to appoint local commissioner in execution proceedings dismissed by execution court - Held, physical demarcation necessary to determine encroachment - Local commissioner to be appointed to ascertain actual occupation of land - Civil revision maintainable where substantive rights ar...

Motor Accident Compensation – Assessment of Disability – The appellant, a pillion rider injured in a motor accident, was initially awarded compensation by the Tribunal, considering 25% disability. The High Court reduced this to 20% based on a re-assessment, leading to a reduction in the compensation amount. The Supreme Court reversed the High Court's reduction, reinstating the Trib...

Contract Law – Liability of Surety – Delay by Creditor – Public Auction – Petitioner stood as surety for contractor in a public auction – Contractor defaulted on payments – Petitioner argued that delay by State in taking action discharged the surety – Held, State's delay does not discharge surety's liability – Contract terms and provisions of...

Labour Law – Reinstatement vs. Compensation – Non-compliance with Section 25-F – Labour Court found termination invalid due to non-compliance with Section 25-F of the Industrial Disputes Act but denied reinstatement, awarding Rs. 1,20,000 as compensation – Held, compensation inadequate for 10 years of service – Following principles in similar cases, compensation incre...

Property Law – Auction Purchase – Free from Encumbrances – Petitioner purchased property in e-auction from bank with assurance of no encumbrances – Sale certificate issued, but registration refused due to property attachment for previous owner's dues – Held, rights of secured creditor have priority over government dues – Petitioner under no obligation to dis...

Benami Transactions – Prohibition – Order 7 Rule 11 CPC – Suit for declaration of ownership of property purchased in another's name, alleging fiduciary relationship – Application for rejection under Order 7 Rule 11 CPC dismissed – Held, legislature prohibited benami transactions, except in specified cases under Section 4(3) of the 1988 Act – Court to conside...

Service Law – Termination of Judicial Officer – Allegations of Illicit Relationship – Petitioner's service terminated based on allegations by another judicial officer's wife – No evidence supporting allegations – Held, termination based on unsubstantiated allegations is unjust – Petitioner's termination order quashed – Petitioner entitled to re...

Civil Procedure – Lifting the Veil – Courts’ Duty – Courts must make sincere attempts to lift the veil and expose any sinister design even in civil litigation – Decisions should not be perfunctory or cursory – Lower courts failed to scrutinize the motives behind the litigation. [Para 28]   Amendment of Pleadings – Original Pleadings’ Signi...