Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...
Writ Petition - Challenge to constitutional validity of master directions on 'Fraud - Classification and Reporting' - Allegation of manifest arbitrariness and violation of natural justice principles - No show cause notice or hearing provided to the petitioner - Violation of fundamental rights under Article 14, 19(1)(g), and 21 of the Constitution of India. [Para 1-3]
Reference to High C...
Civil Procedure - Execution of Decree - Court's Responsibility - The executing court's duty to enforce the court's verdict as per the decree is established, and the executing court cannot go beyond the decree. In case of ambiguity in the description of the property in the appellate decree, the court is directed to consider the original trial court decree for clarity. [Para 18-20]
&n...
Property Dispute - Rights over terrace access - Dispute arising from the installation of an iron grill by the petitioner obstructing the respondents' access to the terrace - Initial suit filed by respondents resulted in a directive for the petitioner to remove the obstruction - Subsequent appeals upheld the trial court's decision.
Limitation Issue - Condonation of Delay - Peti...
Appeal in Motor Accident Claim – Rejection by Tribunal based on procedural grounds of non-joinder of necessary parties (mother of deceased) – Fatal accident caused by negligent driving of respondent No. 1, Raj Kamal, leading to death of Angesh Kumar – Initial claim for compensation of Rs. 10 lakhs by widow and children [Paras 1, 2, 4].
Eyewitness Testimony and Police Investiga...
Land Acquisition – Discrimination in land release – Petition against the High Powered Committee’s order and acquisition notifications – High Court dismisses petition finding no merit and no discrimination in the treatment of the petitioner compared to other similarly situated entities – Noted that development activities in the periphery of Chandigarh are restricted to...
Writ of Mandamus – Right to Profession/Business – Rajasthani artisan petitioner alleges infringement by authorities in selling Vinayaka idols – Financial distress due to authorities' intervention – Context of environmental guidelines discussed – Court delves into Central Pollution Control Board's guidelines on idol immersions. [Para 4-8]
Environmental Guide...
Civil Service Promotion – Challenge to non-promotion based on below benchmark Annual Performance Appraisal Reports (APARs) – Petitioner seeks promotion to Grade IV with Grade Pay Rs. 8700/- – Departmental Promotion Committee (DPC) recommended promotion for some officers but deferred consideration for 11 officers including the petitioner due to below benchmark APARs – Petiti...
Income Tax – Reassessment Notice Validity – Challenge against reassessment notice issued under Section 148 and subsequent order under Section 148A(d) – Notice based on transactions with Mr. Manoj Sethi, alleged to have unexplained cash deposits – Petitioner contends all transactions were through cheques and fully disclosed during original assessments – Court finds no ...
Res Judicata and Habitual Litigation – Appeal against Trial Court and First Appellate Court decisions dismissing plaintiff’s claim for ownership and injunction against co-owners – Historical sequence of suits filed by plaintiffs on similar grounds, leading to findings of habitual, frivolous litigation – No substantial evidence supporting plaintiffs' claims about land mo...