Motor Vehicles Act – Amendment of Claim Petition – Enhancement of Compensation – Passenger killed in accident where driver drove car into a tree – Original claim under Section 163-A of MV Act – Application to amend claim under Section 166 filed after 12 years – Insurer objected to delay – Held, Section 163-A allows claims on strict liability basis without ...
Civil Procedure – Indigent Person – Application and Procedure – Respondent filed suit for damages and sought to sue as an indigent person – Civil Court relied on Tehsildar’s report – Petitioner's objection that application was not presented in person and without notice – Held, application to sue as indigent person must be presented in person as per Ord...
Service Law – Promotion – Scheduled Caste Quota – Petitioners, SC constables, were promoted as Head Constables in 1990 from List C-I due to backlog of SC candidates – In 1998, show cause notices alleged promotion in excess of quota and proposed reversion – Petitioners’ promotions to ASI and SI entangled – Held, promotions were valid from List C-I to fill S...
Civil Procedure – Appellate Court’s Powers – Will and Inheritance – Decedent executed a Will dated 20.05.1999, registered on 10.06.1999, bequeathing property to his wife, son, and grandson – His wife and daughter challenged the Will, claiming they did not receive any share – During litigation, wife passed away and purportedly left another Will dated 05.09.2005 i...
Property Tax – Liability of Subsequent Owner – High Court directed Rajkot Municipal Corporation (Appellant) to refund a portion of property tax paid by Avenue Supermarts Limited (Respondent No. 2) related to arrears prior to the acquisition of ownership – Appellant's argument based on Sections 139 and 140 of the Gujarat Provincial Municipal Corporation Act, 1949 (GPMC Act) th...
Service Law – Stepping Up of Pay – Applicability of Rule 21 of 2002 Pay Rules – Appellants, senior to certain Assistant Professors (1984-95 Group), sought stepping up of their pay to match the pay granted to these juniors under the Career Advancement Scheme, which included ad hoc service. Supreme Court held that Rule 21 of the 2002 Pay Rules was inapplicable as the alleged pay an...
Prospective Overruling – Doctrine of – Applicability – Supreme Court rejected the plea to apply the doctrine of prospective overruling to the decision in MADA v. Steel Authority of India, which overruled India Cement Ltd. v. State of Tamil Nadu – Held, MADA decision shall not operate prospectively, as applying it prospectively would invalidate legislation enacted by States ...
Seniority – Fixation of Seniority – Petitioners challenged the seniority list published by the Department of Revenue and Forest – Contention that the date of appointment should be considered after the successful completion of training and not from the date of joining training – Held, the seniority should be counted from the date of joining training as per the 2015 Rules, wh...
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...
Recovery of Earnest Money – Competence of SPA to Depose – The appellant’s suit for recovery of Rs. 12,00,000/- along with interest was dismissed by the Trial Court on the grounds that the earnest money was rightly forfeited due to non-payment of the balance consideration – Appellant challenged the judgment arguing the inability of the respondent to produce title documents, ...