Preventive Detention – Delay in Passing Detention Order – Appellant challenged the detention order passed five months after the proposal – Supreme Court held that the delay snapped the "live and proximate link" between the prejudicial activities and the purpose of detention – Held, the unexplained delay vitiated the detention order, rendering it invalid [Paras 12-...
Matrimonial Law – Divorce – Grounds of Cruelty – High Court of Delhi granted divorce to the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the grounds of cruelty inflicted by the respondent. The Court evaluated the testimony of witnesses, allegations and counter-allegations of cruelty, and instances of discord in the marital relationship. [Paras 1, 19, 43]
...
Kerala Building Tax Act – Exemption for buildings used principally for religious, charitable, or educational purposes – Interpretation of the phrase “charitable purpose” in relation to medical relief – Whether free medical relief is the only form of medical relief that qualifies as a charitable purpose – Previous judgments in SH Medical Centre Hospital v. State ...
Land Acquisition – Enhanced Compensation – Appellant challenged the High Court's order permitting MTDC to withdraw the amount deposited towards enhanced compensation – Supreme Court held that the intent of its previous order was to allow the claimants to receive the entire enhanced compensation, with 50% released without security and 50% with security – Held, High Court...
Industrial Dispute – Termination Approval – Appellant challenged the High Court’s order which confirmed the Labour Court’s judgment setting aside the termination of the workman – Supreme Court held that once the order of termination was approved by the Industrial Tribunal, the findings recorded by the Tribunal were binding between the parties – Held, no contrary...
Motor Vehicle Accident – Determination of Just Compensation – Appellant challenged the High Court’s decision reducing compensation – Supreme Court held that compensation under Section 168 of the Motor Vehicles Act must be fair, reasonable, and equitable, emphasizing a comprehensive approach to pecuniary relief [Paras 11-12].
Income from Business Ventures and In...
Intellectual Property Law – Patent Infringement – Olaparib Patent Dispute – The court considered the matter involving alleged infringement of Indian Patent IN 228720 (IN’720), owned by Kudos Pharmaceuticals Limited, by Natco Pharma Limited through the manufacturing and sale of a generic version of Olaparib. [Para 1-7]
Infringement of Patent – held –...
Arbitration – Preliminary Inquiry – Appellant challenged the High Court’s order appointing arbitrators without determining if the dispute was arbitrable – Supreme Court held that the High Court was required to conduct a primary inquiry to ascertain if the dispute fell under Clause 36 (specific performance through court) or Clause 37 (arbitration clause) of the addendum agre...
Service Law - Jurisdiction - Central Administrative Tribunal (CAT) - Armed Forces Tribunal Act, 2007 - Writ Petition NO.9407 of 2023 - The petitioner challenges the dismissal of his Original Application (O.A.) by the CAT on grounds of lack of jurisdiction (Para 2).
Deputation - Effect on Employment - The petitioner's appointment as a Registrar with the Armed Forces Tribunal was on...
Right to Information vs. Right to Privacy – Balance of Rights – Petitioners (Banks) challenged the RBI’s directive to disclose information under RTI – Supreme Court acknowledged the conflict between the fundamental right to information and the fundamental right to privacy – Held, courts must balance these rights carefully, ensuring neither is disproportionately compro...