Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – S...
Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].
Condonation of Interruption – Rule 4.23 ...
Contract Law – Injunction – Appellant sought injunction to restrain respondents from executing further documents or creating third-party rights on disputed land – Trial court and High Court granted injunction based on prima facie existence of a concluded contract – Supreme Court examines the evidence, including emails and WhatsApp messages, and finds no concluded contract &...
Constitutional Law – Minority Rights – Article 30 of the Constitution – Appellants challenged provisions of the West Bengal Madrasah Service Commission Act, 2008, arguing they violated minority institutions' rights to administer their educational institutions – High Court declared Sections 8, 10, 11, and 12 of the Act ultra vires – Supreme Court analyzes the provi...
Code of Civil Procedure, 1908 - Order 6 Rule 17 - Amendment of Pleadings - Subsequent Event - Held, transfer of drug license to landlord’s son is a subsequent event. No admission by landlord that would be recalled by amendment. Amendment allowed to reflect the change and avoid filing another suit. [Paras 1-11]
Rent Petition for Eviction - Amendment of Pleadings - Analysis - Held...
East Punjab Urban Rent Restriction Act, 1949 - Section 13 - Registration Act, 1908, Sections 17(1)(d) and 49 - Non-payment of Rent - Unregistered Rent Note - Held, even an unregistered rent note can be read in evidence for collateral purposes, such as determining the purpose of tenancy and assessing provisional rent. [Para 7]
Failure to Deposit Provisionally Assessed Rent - Ejectment ...
Constitution of India - Articles 14, 226 - Right to Equality and Non-Discrimination - Held, in the absence of a legal right to a benefit, it cannot be claimed even if granted to others. Granting such benefits would perpetuate illegality. There is no negative equality; only a person with a right can claim equality. Petition dismissed. [Paras 1-25]
Grant of Premature Increment - Non-Par...
Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 - Discretionary Allotment - Legality - Held, discretionary allotments by the Chairman of the Ludhiana Improvement Trust without adherence to the applicable rules are illegal. Allotments were made in gross contravention of the rules, with no power vested in the Chairman to make such allotments. Lower courts...
Land Acquisition Act, 1894/2013 - Sections 23(1A), 23(2), and 28 - Compulsory Acquisition - Interest and Additional Compensation - Held, in compulsory acquisition, an appreciation price at 12% per annum from the date of notification is payable. Decree holder entitled to benefits under Sections 23(1A), 23(2), and 28. [Para 11]
Arrears Paid in Installments - Interest Calculation - Analy...
Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...