Injunction – Grant of Temporary Injunction – Section 41(h) Specific Relief Act – Equally efficacious remedy – Defendant’s petition against Appellate Court's order allowing plaintiff's appeal and ordering status quo on construction over suit property – Held, Section 41(h) bars grant of perpetual injunctions when equally efficacious remedy is available &nd...
Change of Land Use (CLU) – Jurisdiction – Municipal Corporation's authority to grant CLU in licensed colonies transferred to it – Court held Municipal Corporation/Director General Urban Local Bodies Haryana have the power to grant CLU for sites in licensed colonies developed under the 1975 Act/approved under the 1963 Act and transferred to Municipal Corporation – Power ...
Landlord-Tenant Law – Service of Summons – Compliance with Statutory Provisions – NRI landlord filed eviction petition under Section 24(3) of the Punjab Rent Act, 1995 – Tenants claimed improper service and non-receipt of eviction petition copy – Held, Rent Controller and Appellate Authority correctly found that petitioners were duly served – Process Server'...
Consumer Protection Act – Agricultural Debt Waiver – The appellants, categorized as 'small farmers', sought a full waiver of their loan under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 – District Forum and State Commission ruled in favor of the appellants – NCDRC reversed the decision citing the non-inclusion of the appellants' district in Annexur...
Insurance Claim – Repudiation – Interpretation of Insurance Policy – Appellant's showroom collapsed due to excavation work on an adjacent plot – Insurance claim repudiated by insurer based on policy exclusion clause VIII(e) – Supreme Court held that exclusion applies only to excavations carried out by the insured on their property, not third-party excavations &nda...
Environmental Law – Judicial Review – Environmental Clearance – Supreme Court directed the EAC to revisit its recommendations for the EC granted for the Mopa airport project – EAC required to assess the environmental impacts considering the specific concerns highlighted by the Supreme Court – Upon revisiting, additional environmental safeguards were imposed – Ap...
Industrial Disputes Act – Jurisdiction – Civil suits filed by workmen challenging fines imposed by management – Plea to dismiss suit under Order VII, Rule 11 CPC on the ground that the matter should be dealt with under the Industrial Disputes Act – Suit dismissed by lower courts – Supreme Court reaffirmed that disputes arising from the general law of contract can be a...
Service Law – Direct Recruitment vs. Promotion and Deputation – Appellants challenged direct recruitment to posts of Administrative Officer/Assistant Assessor and Collector, arguing promotion should be attempted first – Recruitment Rules mandate 50% by promotion and 50% by deputation, failing which direct recruitment can be resorted to – High Court found respondents did not...
Industrial Dispute Act – Jurisdiction – Appellant challenged termination as a consequence of non-joining on transferred post – Industrial Court's jurisdiction questioned – High Court held termination disputes fall within Labour Court’s jurisdiction – Appeal dismissed, affirming no jurisdiction of Industrial Court in termination cases linked to unfair labor p...
Civil Procedure – Suit for possession on the basis of title – Defendants denied the title of Managing Officer and the plaintiff – Defendants' plea of continuous possession without hostile intent – Evidence showed continuous possession since 1963 but not adverse – High Court’s finding of adverse possession legally unsustainable – Judgment and decree of ...