Injunction Suit - Boundary Wall Dispute and Litigation Tactics – Petitioners challenged the trial court’s refusal to direct the respondent to restore a boundary wall to its original height post unauthorized alterations during a pending suit – The respondent initially secured an ex parte interim order allowing repairs but not height alteration, violated this by raising the wall he...
Civil Procedure – Rejection of Plaint – The petitioner challenged the Trial Court's decision under Order VII Rule 11 CPC, which dismissed the plaint for lack of jurisdiction, stating that the plaintiff had not provided documentary evidence of loan repayment and was thus barred under Section 34 of the SARFAESI Act – The Trial Court exceeded its jurisdiction by making observati...
Civil Procedure - Execution Proceedings - Challenges to auction sale and procedural irregularities - Petitioner filed multiple CRPs against orders of the Executing Court related to a decree obtained by the respondents due to alleged irregularities in auction sale - CRP No.959 of 2020 challenges dismissal of application to set aside auction sale due to material irregularity and fraud - CRP No.2618 ...
Compassionate Appointment - Writ Petition - Denial of appointment as Junior Engineer (Civil) on compassionate grounds - Petitioners, wife, and son of deceased KSRTC employee, seek appointment for the son on compassionate grounds following the death of the father who was a senior driver in KSRTC - Petitioners contend that they are entitled to appointment as per the scheme existing at the time of th...
Petitioners, engaged in marine exports, faced SARFAESI actions from Indian Overseas Bank due to alleged defaults on substantial loan amounts; faced symbolic and physical possession notices on various properties, impacting business operations - [Paras 2-5].
Jurisdiction of Debts Recovery Tribunal under SARFAESI Act – Interpretation – Jurisdiction exercised in accordance wit...
Medical Termination of Pregnancy – Right to Abortion – Psychological Health – Petitioner seeking to terminate a 25-week pregnancy citing grave psychological injury and social stigma – Medical Board’s report confirming the risk of psychological injury – Court’s recognition of the Petitioner’s right to reproductive autonomy and mental health considerat...
Administrative Law – Maternity Leave Entitlement – Interpretation of Maternity Leave Regulations – Challenge to rejection of maternity leave for having more than two surviving children – Whether the condition of having less than two surviving children at the time of application applies to children born before employment with respondent – Rejection based on Airports Au...
Trustees' Compensation for Relinquishing Trusteeship - Amounts received by trustees of Carmel Educational Trust for relinquishing their trusteeship not considered capital receipts for tax purposes - These amounts treated as individual income and assessed under appropriate head - Trust deed does not authorize trustees to relinquish positions for consideration [Para 8].
Construction...
Motor Vehicle Accident – Compensation Awarded for Death – Appeal against Tribunal’s decision by both insurer and claimants – Accident involving motorcycle and truck, leading to motorcyclist’s death - Tribunal held truck driver solely liable, awarded Rs. 20,71,630 compensation plus interest - Insurance company appealed, alleging contributory negligence and error in inc...
Arbitration Agreement - Referral to Arbitration - Interpretation of Section 8 of the Arbitration and Conciliation Act, 1996 - Petitioner sought reference to arbitration pursuant to an arbitration clause in the agreement governing their relationship - Trial Court rejected the application, citing failure to produce original or duly certified copy of the agreement - Petitioner contended that a duly c...