Motor Vehicles Act – Section 163-A – Determination of Driver at Time of Accident – Contradictory Evidence – The claimant failed to clarify in the application who was driving the motorcycle at the time of the accident. The First Information Report (Exhibit A-1) and Merg Intimation (Exhibit A-2) suggested that the deceased, Vinod Kumar Dhruv, was the one riding the motorcycle...
Waqf Law – Right to Occupy Waqf Property – Encroachers – The petitioners claimed a right to occupy a Waqf property as descendants of the Waqif – The Waqf deed appointed the third and fourth sons of the Waqif and their descendants as Mutawallis, but did not specifically include female descendants or their heirs in the line of succession – The Tribunal held that the pet...
Patent Law – Section 59(1) of the Patents Act – Amendments to Patent Claims – Scope of Original Claims – The Controller refused the appellant's patent application, holding that the proposed amendments went beyond the scope of the original claims in violation of Section 59(1) of the Patents Act – Held: The amended claims were within the scope of the original PCT cl...
Consumer Law – Writ Petitions under Article 227 – Jurisdiction – Challenge to NCDRC Orders – Multiple writ petitions were filed in the High Court of Delhi challenging the orders of the National Consumer Disputes Redressal Commission (NCDRC) – Petitioners contended that the High Court of Delhi had jurisdiction as NCDRC is located in Delhi – Respondents argued tha...
Hindu Marriage Act, 1955 – Divorce Granted – Grounds of Cruelty and Desertion - The appellant alleged that the respondent-wife insisted on moving to her parental home and later deserted him without consent - The respondent claimed harassment and demand for dowry - The Court noted the absence of denial by the respondent that she left the matrimonial home and the omission to explain the ...
Arbitration Law – Extension of Time under Section 29A – Post-Expiry Applications – Maintainability – Appeals concerning whether an application for extension of time under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the mandate of the arbitral tribunal. The Calcutta High Court held that such an application must be filed before ...
Environmental Law – Solid Waste Management – Closure of Garbage Processing Plant (GPP) – Reversal on Appeal – National Green Tribunal (NGT) ordered the closure of a Garbage Processing Plant (GPP) at Baner, Pune, citing violations of environmental norms – Directed the Pune Municipal Corporation (PMC) to relocate the GPP and convert the land into a biodiversity park &nd...
Landlord-Tenant Relationship – Estoppel under Section 116 of Indian Evidence Act – The applicant was inducted as a tenant by the original landlord, Shri Ramakant B. Desai, and paid rent for several years – Held, a tenant cannot deny the title of the landlord during the tenancy – Applicants' claim that the property belongs to the housing society is not maintainable under...
Service Law – Appointment Validity – Retrospective Application of Rules – The petitioners were appointed as teachers and non-teaching staff before the enforcement of the 1978 and 1984 Rules, which mandated training qualifications and a prescribed selection procedure – The institution received temporary and permanent recognition in 1980 and 1984, and was included in the gran...
Constitutional Law – Citizenship – Cessation of Citizenship – The appellant was disqualified from the post of Mukhiya on the ground of having voluntarily acquired the citizenship of Nepal, resulting in the cessation of his Indian citizenship under Section 9 of the Citizenship Act, 1955 – The appellant contended that the State Election Commission lacked jurisdiction to decid...