Medical Negligence – Consumer Protection Act, 1986 – Appellant-complainant loses vision in left eye due to alleged medical negligence by respondent doctor – Initial award of Rs. 2 Lakhs compensation by DCDRC, Faridabad – Series of appeals and revisions leading to the current judgment. [Para 2-6]
Jurisdiction – Territorial Jurisdiction in Consumer Disputes...
Maintenance Award Enhancement – Enhanced maintenance to appellant, Yagwati @ Poonam, from Rs. 10,000 to Rs. 20,000 per month under Section 18 of the Hindu Adoption and Maintenance Act, 1956 – Consideration of respondent's financial capacity and pension from Bharat Sanchar Nigam Limited (BSNL) – Arrears of maintenance to be paid in installments not exceeding 50% of the respond...
Civil Procedure - Writ Jurisdiction - Construction of Compound Wall - Impleading Necessary Parties - High Court's exercise of writ jurisdiction under Article 226 to permit construction of a compound wall under police protection - Order based on "Minutes of Order" filed by advocates - Non-joinder of necessary parties (local tribals) who would be affected by the construction - Supreme ...
Central Excise – Definition of Manufacture – Civil Appeal concerning the interpretation of Note 3 to Chapter 18 of the Central Excise Tariff Act, 1985 – Appellant (Commissioner of Central Excise, Belapur) argued that the activity of labelling and relabelling by the respondent (Jindal Drugs Ltd.) does not constitute manufacture – Held that the amendment to Note 3 effective f...
Stamp Duty - Legislative Competence - Constitutionality - The Supreme Court of India examined whether the State of Rajasthan has the legislative competence to levy and collect stamp duty on insurance policies issued within the state. The court held that the state does possess such competence under Entry 44 of List III (Concurrent List) of the Constitution of India, while the rate of such duty must...
Mandatory Injunction and Property Encroachment – Suit filed by appellant for removal of pipelines and taps erected by the respondent in appellant's property – Original suit decreed in favor of appellant, but reversed by the appellate court – Second appeal focuses on the legality of the mandatory injunction and property rights. [Paras 1-2, 4-5, 8, 10]
Burden of Proof and Ri...
Electricity Law – Captive Generating Plants – Open Access – Appeal by power distribution company against the order of Electricity Regulatory Commission allowing captive power plant to supply electricity to its sister concern – Supreme Court held that the establishment of a captive power plant primarily for own use or for use by an association of persons (including corporate...
Civil Procedure – Legal Representation – Dispute regarding succession to the "Gaddi" of Swami Shivdharmanand following his death – Conflict between Swami Triyoganand and Swami Satyanand on who is the rightful legal representative (LR) – High Court directed Trial Court to determine rightful LR under Order 22 Rule 5, which identified Swami Satyanand as the LR &ndash...
Consumer Law - Insurance Settlement Dispute – Appellant New India Assurance Company Ltd. challenges the order of the NCDRC which partly allowed the respondent's claim post a fire accident - Issue pertains to the method of calculating depreciation, whether it should be at 32% as initially applied by the surveyors or at 60% as later revised by the appellant - NCDRC ruling questioned due to...
Service Law – Pay Scale – UGC Scale of Pay – Respondent appointed as Librarian-cum-Museum Assistant in an Ayurvedic college sought UGC pay scale as per 1990 Rules – State contended 1990 Rules not applicable as college under Ayush Department – Supreme Court held 1990 Rules applicable to institutions under Higher Education Department, not Ayush Department – Respon...