Caste Certificate – Provisional Admission and Employment – Petitioner admitted to M.B.B.S. and M.D. courses based on provisional caste certificate – Caste claim invalidated by Scrutiny Committee – Petitioner completed courses and was appointed as Medical Officer – Petitioner sought protection of education and employment – High Court dismissed the petition, citin...
Landlord Definition – Interpretation – Under the U.P. Regulation of Urban Premises Tenancy Act, 2021, the term "landlord" includes a trustee or guardian receiving rent for premises on behalf of another person. The court concluded that Pradeep Kumar Gupta, as Secretary of Seth Girwar Lal Pyare Lal Shiksha Trust, fits within this definition, and the application under Section 10...
Partition – Ancestral Properties – Plaintiffs sought partition of A to C schedule properties into 12 equal shares, claiming 7 shares – Defendants contested on the grounds of independent acquisitions and pre-existing partitions – Trial Court granted plaintiffs 7/12th share – On appeal, High Court examined the evidence and upheld the Trial Court’s decree [Paras 1-...
Conditional Attachment – Acceptance of Security – Appeal against Sub Court’s decision accepting security of immovable property for lifting conditional attachment – Property in question recorded as paddy land – Appellant's concern about insufficient value and legal issues with security offered – Sub Court’s order set aside due to unresolved issues about...
Pay Scale Revision – Historical Context – Controversy centered on the pay scale revisions of SDI/ABSA and DBSA compared to Headmasters following the Fifth Central Pay Commission's recommendations – The 2001 Order revised Headmasters' pay scales but not SDI/ABSA and DBSA, leading to perceived discrepancies [Paras 4-10].
Doctrine of Merger – Application &...
Landlord and Tenant – Eviction – Arrears of Rent – Petitioner tenant failed to pay rent for over six months and ignored landlord’s notice demanding arrears – Landlord entitled to decree for possession under Section 12(3)(a) of Bombay Rent Act – Tenant's defence of non-receipt of notice and payment to another heir rejected – Notice considered duly serve...
Trademark Law – Cancellation – Procedural Error – Appellant sought cancellation of respondent's trademark ‘CLARIWASH’ on grounds of deceptive similarity and procedural errors in the examination report – Claimed prior use of ‘CLARI’ formative trademarks – Trial court dismissed cancellation petition – On appeal, High Court held procedur...
Constitutional Law – Scheduled Castes – Authority to Amend – The State Government of Bihar's resolution to merge the caste "Tanti-Tantwa" with 'Pan/Sawasi' in the Scheduled Castes list was challenged – Held, the State Government lacks the authority to amend or alter the Scheduled Castes list, which can only be done by Parliament through legislation &nd...
E-Auction Process – Bid Mistake – The appellant's bid of 140.10% in an e-auction for a mining lease, significantly higher than the preceding bid of 104.05%, was claimed to be a typographical error – The Supreme Court held that the system's lack of a mechanism to rectify such errors and the appellant’s immediate attempt to inform the respondents constituted a bona fi...
Exemption from Fees – Market Fee vs. Rural Development Fee – Appeal against the denial of exemption from Rural Development Fee under the 2003 Industrial Policy – Respondent sought exemption, claiming similarity with other industries granted such benefits – High Court dismissed initial writ and subsequent modification application – Supreme Court finds both fees distinc...