Civil Law - Promissory Notes – Validity and Binding Nature – Burden of Proof – Promissory Notes Upheld – The plaintiff successfully established the execution of five promissory notes totaling ₹2,50,000 by the defendant at Gudivada, corroborated by testimonies of scribe and attestors – The defendant failed to substantiate his claim of repayment or prove that the prom...
Civil Law - Specific Performance – Implied Right to Possession – Execution Permitted – The petitioners, subsequent purchasers, opposed the High Court's direction for the delivery of possession to the decree-holder in a specific performance case where the original decree did not expressly order possession – Held: The decree-holder has an implied right to posses...
Civil Writ - Increase in MBBS seats - Interim Relief in Educational Matters – Grant of Additional Seats – Interim Order Deprecated - The Supreme Court and precedents have consistently disapproved granting interim relief to increase seats in educational institutions, as it impacts the admission process and students’ futures – Held: Interim orders increasing seats...
GST Assessment – Violation of Principles of Natural Justice – Section 75(4) of GST Act – Orders Set Aside – The petitioner challenged the assessment orders issued under the GST Act for assessment years 2017-18 to 2021-22, alleging that no personal hearing was provided before passing the orders despite the adverse decisions contemplated – Held: Section 75(4) of the GST...
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...
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,...
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...
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...
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...
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...