Public Interest Litigation – Res Judicata – Constructive Res Judicata in PILs – Limited Application - The court clarified that constructive res judicata applies to PILs only to a limited extent – The principle does not bar challenges to subsequent actions or policies arising from independent causes of action, even if connected to prior litigation – Impugned GoM Nos. 2...
Criminal Procedure – Application under Section 173(8) Cr.P.C. – Prayer for Further Investigation – Alleged Death by Burn Injuries – Dismissal of Application Challenged – The petitioner sought further investigation into the death of his niece, alleging that her husband (the accused) made a video call to a relative instead of rescuing her while she was ablaze – In...
Presumption of Joint Ownership – Application of Mohammedan Law – Appeal Allowed – The appellant claimed exclusive ownership of seven properties, while the respondent asserted joint ownership inherited from their father. Both lower courts relied on the concept of a "karta" and presumption of joint ownership akin to Hindu law principles – Held: Under Mohammedan law,...
Deceptive Similarity – Pharmaceutical Trademarks – Appellant challenged the interim injunction granted against use of "INDAMET" – Claimed that "ISTAMET" and "INDAMET" are not deceptively similar – Court held stringent scrutiny applies to pharmaceutical products due to potential health risks – Injunction upheld based on structural and phon...
Arbitration – Contract Disputes – Payment for Construction Work – Appeal under Section 37 – Dispute over payment for clearing and grubbing (C&G) and earthwork in embankment below Original Ground Level (OGL) – Arbitral Tribunal awarded payment for embankment work below OGL – Held, payment justified as per contractual terms – Appeal against this issue di...
Civil Law - Review - Maintainability – Review Petition by Change of Counsel – Without "No Objection" – Review Filed Invalidly – Review petition filed by a new counsel without obtaining a "No Objection Certificate" from the counsel who argued the original writ petition – Held: Filing of review petition without proper authorization violates settled p...
Civil Writ - Unauthorized Construction – Conversion of Parking Space – Demolition Upheld – Sanctioned Plan Violated – The appellants contested the Bidhannagar Municipal Corporation's demolition order of a flat constructed on land designated as parking space in the sanctioned plan – The Court held that neither the West Bengal Municipal Corporation Act, 2006 nor the...
Arbitration Petition – Appointment of Arbitrator – Non-Arbitrable Disputes – Petition Dismissed – The respondent's petition for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was challenged by the appellant – Held: Disputes related to non-payment of wages and wrongful termination fall within the exclusive jurisdiction o...
Service Conditions – Entitlement to Benefits – Petitioners, hostel/mess employees of Bengal Engineering College (subsequently BESU and then IIEST), challenged denial of GPF and pension benefits by MHRD – Initially entitled to benefits as per Government of West Bengal notifications – IIEST contended NITSER Act did not extend these benefits – Court found MHRD’s me...
Motor Accident Claim - Loss of Earning Capacity Due to Disability – Assessment of Compensation – Enhanced - The appellant, a minor at the time of the accident, was determined to have a 75% mental disability rendering her reliant on others for life – The Supreme Court rejected the notional income approach applied by the lower courts, adopting the minimum wage for skilled workers a...