Bond Requirement and COVID-19 Service - Petitioners, postgraduate medical students, challenge the requirement to serve in government facilities post-training, questioning whether their service during the COVID-19 pandemic counts towards fulfilling bond terms - Court upholds that COVID-19 duties performed during educational period do not count towards bond service obligation [Paras 2-5, 18].
Gov...
Writ Petition – Maintainability – Challenge against the impugned order by Indian Oil Corporation Limited – Preliminary objection raised by the respondent regarding the maintainability of the writ petition under Article 226 of the Constitution of India. [Para 2-3]
Legal Remedies and Jurisdiction – The Court establishes that arbitration is not an efficacious reme...
Res Judicata and Maintainability – Earlier dismissal of suits for injunction not involving specific performance raised in the present suit – Applicability of Order 2 Rule 2 and Order 7 Rule 11 examined – Earlier suits treated as not covering the ground of specific performance, therefore, do not preclude the present suit – Supreme Court precedents discussed confirming that t...
Cruelty and Divorce – Grant of Decree of Divorce by Family Court Upheld – Appeal against the grant of divorce dismissed by High Court of Madhya Pradesh – Appellant/husband’s allegations of cruelty by respondent/wife not substantiated – Respondent/wife subjected to physical and mental cruelty, substantiated by witnesses and corroborative evidence – No error in tr...
Intellectual Property - Copyright Infringement - Suit for infringement of copyright and misuse of confidential information - Maintainability of the suit - Plaintiff alleging that defendants, former employees, misused confidential and proprietary information including customer database, marketing material, and copyrighted content - Defendants challenged the maintainability of the suit based on a pr...
Criminal Appeal – Conviction under Section 304 Part II of the IPC – Appellant convicted by the trial court – Dissatisfaction with the conviction – State’s appeal against the acquittal of other accused – Sequence of events leading to trial examined – Previous quarrel between accused and deceased – Appellant accused of assaulting deceased with a knife ...
Criminal Appeal – Motor Vehicle Accident Compensation – Appellant’s appeal against the award passed by the Motor Accident Claims Tribunal – Appellant, The New India Assurance Company, challenges the award of compensation granted to respondent No. 1, Shakuntla Devi – Liability of the appellant to pay compensation disputed – Main contention revolves around whether...
Interlocutory Application – Order 39, Rule 1 and 2 read with Section 151 of CPC – Suit for partition of ancestral property – Allegation of mortgage of property by defendant without plaintiff’s knowledge – Defendant’s contention of initiation of SARFAESI proceedings – Defendant’s claim of Civil Court lacking jurisdiction – Trial Court granting t...
Service Law - Seniority Dispute in Railway Protection Force –Consolidated Writ Petitions – Involves reevaluation of seniority lists affecting several petitioners with similar legal issues and facts. Seniority perturbed by the issuance of provisional combined seniority list and an earlier order, both of which are challenged. Held that redrawing seniority based on these actions is inappr...
Constitution of India - Article 226 - Writ of Mandamus - Widow's right to enter temple - Archaic beliefs and discriminatory practices - Petitioner, widow of the former Poojari of Periyakaruparayan temple, seeks police protection to participate in temple festival - Respondents 5 and 6 objecting to petitioner's entry based on widowhood - Held, archaic beliefs and dogmas demeaning women have ...