Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23].
Contrac...
Lease Agreement – Termination and Payment Compliance – Dispute over non-payment within stipulated time – LOI required Rs. 9.34 crore within 30 days – Extensions granted but payment not completed within extended time – Termination of LOI upheld as justified – Amounts paid beyond deadlines ordered to be refunded – Appellant allowed to pursue civil suit for a...
COVID-19 Ex-Gratia Assistance – Guidelines and Compliance – National Disaster Management Authority (NDMA) issued guidelines recommending Rs. 50,000/- ex-gratia assistance for kin of deceased due to COVID-19 – Assistance to be provided from State Disaster Response Fund (SDRF) – District Disaster Management Authority/District Administration responsible for disbursement &ndash...
First Appellate Court – Duty to Address All Issues – High Court failed to re-appreciate the evidence and did not comply with Order 41 Rule 31 CPC – Appellate court must frame points for determination and address all issues based on evidence – High Court's judgment set aside for non-compliance [Paras 6-7].
Willingness to Perform Contract – Specific Performance S...
Protection of Life and Liberty – Live-In Relationship – Articles 226, 227, and 21 of the Constitution – Held, protection of life and liberty is a basic feature of the Constitution – Every person, including those in a live-in relationship, is entitled to protection – Court directs necessary steps to ensure petitioners’ safety from those unhappy with their relatio...
Occupancy Rights vs. Ownership Rights – Conflict of Acts – High Court annulled occupancy rights granted under the Inams Act in favor of ownership rights under Section 38-E of the Tenancy Act – Tenancy Act’s Section 38-E(1) overrides the Inams Act – Protected tenants become full owners with effect from the date specified in the notification, superseding occupancy right...
Arrears of Salaries – Compliance with Pay Commission Recommendations – High Court directed the appellant to pay salaries as per 5th and 6th Pay Commissions – Appellant’s failure to comply led respondents to approach Deputy Director (Education) – Submission to restrict arrears to three years preceding the writ petition rejected – Duty of institution to comply wit...
DNA Testing – Personal Liberty and Privacy – High Court directed the plaintiff to undergo DNA test to prove biological relationship – Supreme Court held DNA tests should not be ordered as routine but only in deserving cases – Forcing DNA test on an unwilling plaintiff violates personal liberty and right to privacy – Plaintiff entitled to rely on other evidence without...
Motor Accident – Negligence and Liability – High Court overturned Tribunal's finding of contributory negligence – Evidence from witnesses (PW-1 and PW-3) indicated Eicher van took sudden right turn without signal – High Court's reliance on witness evidence over First Information Report justified – Accident due to negligence of Eicher van driver affirmed [Paras...
Loss of Dependency – Enhancement of Compensation – Deceased was a driver with a heavy vehicle driving license – Tribunal adopted minimum wage for skilled labor to compute income – High Court's dismissal of appeal without considering evidence and grounds raised by appellants – Income assessment based on minimum wage not justified – Oral evidence of deceased...