Award of Compensation – The trial court computed the amount of compensation based on the minimum wage rate due to lack of sufficient evidence for the claimed monthly income of the deceased – Amount awarded without interest, contrary to Section 4A of the Employee’s Compensation Act. [Para 4]
Appeal for Interest – The appellant appealed solely for the non-award o...
Civil Revision Petition – Land Dispute – Prima facie case for injunction – Discrepancy in revenue records for a couple of years – Plaintiffs' claim to land ownership and possession supported by recent records – Prima facie case in favor of plaintiffs – Interim injunction granted – Lower courts' reliance on irrelevant documents for denial of injunct...
Live-in Relationship - Protection of Life and Liberty - Article 21 of the Constitution of India - Entitlement to Protection: The petitioners, involved in a live-in relationship, seek protection of their life and liberty. The court acknowledges the right to life and liberty as enshrined in the Constitution, including the freedom to choose a partner, whether through marriage or a live-in relationshi...
Civil Procedure – Res Judicata – Permission to file a fresh suit in a decree – The trial court granted permission to file another suit in a decree, allowing for a fresh suit on the same cause of action. However, this practice is inconsistent with the principles of res judicata and the Code of Civil Procedure, as a decree should conclusively determine the rights of the parties. Th...
Criminal Appeal – Conviction under Sections 120B, 302, 397, and 201 read with Section 34 of IPC – Conviction based on circumstantial evidence – Reliance on "last seen together" theory – Evidence of the witnesses regarding the accused being last seen with the victim is unreliable – Lack of conclusive evidence linking the accused to the crime – Benefit o...
Income Tax Law – Appeal against ITAT order – Submission of Audit Report – High Court dismisses Revenue's appeal challenging ITAT's decision to allow assessee's exemption under Section 11 of Income Tax Act despite late filing of audit report in Form 10B – Tribunal's reliance on CBDT Circulars clarifying deadlines for returns accepted – No substantial qu...
Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].
Trial Court Decision – Partial Decree – Possession Pro...
Revision Petition – Evidence Closure
The petitioner-defendant No.1 seeks to overturn the Sub Divisional Judicial Magistrate's order dated 04.09.2023, which closed his evidence due to his failure to appear in court during the trial. [Para 1-2]
Opportunities Granted – Multiple Opportunities
The Court remarks that 10 effective opportunities were afford...
Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...
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...