Civil Procedure – Second Appeal – Evidence Act – General Power of Attorney – Trial Court upheld the validity of the GPA and sale deed executed by GPA holder Rajinder Pal Singh, dismissing the suit – First Appellate Court reversed the decision, interpreting GPA as limited to management purposes only – Held, First Appellate Court's finding contrary to evidence...
Civil Procedure – Second Appeal – Temporary Injunction – Land Grabbing – Appellants alleged possession over property acquired by Improvement Trust – Suit filed 17 years ago seeking injunction based on manipulated records – Held, discretionary relief of injunction rightly declined due to manipulation and illegal possession – Trust allowed to remove appellan...
Excise Law – Allotment of Liquor Vend – Interpretation of ‘Near’ – Petitioners were allotted an L-2 vend near CTU Workshop as per Excise Policy 2014-15 – Vend opened approximately 900 meters from CTU Workshop – Respondent claimed vend should be within 50 meters – Excise and Taxation Commissioner ordered closure of petitioner’s vend at existing ...
Employees’ Compensation – Pay and Recover Principle – Breach of Policy Terms – Various insurance companies appealed against orders by Commissioners under the Employees’ Compensation Act awarding compensation to claimants despite breaches of policy terms by employers – Held, insurance companies not liable under breached policies must pay claimants first and then ...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
Education Law – Admission – Online Application Submission – Petitioner participated in entrance examination for MBBS, securing rank 41 – Unable to submit online application by deadline due to internet connectivity issues – University rejected her application – Held, petitioner faced genuine difficulty in online submission – No deliberate laches on her part...
Motor Vehicles Act – Amendment of Claim Petition – Enhancement of Compensation – Passenger killed in accident where driver drove car into a tree – Original claim under Section 163-A of MV Act – Application to amend claim under Section 166 filed after 12 years – Insurer objected to delay – Held, Section 163-A allows claims on strict liability basis without ...
Cooperative Societies – Arbitration and Limitation – Refund of Excess Charges – Respondent No. 3, a member of the petitioner-society, sought refund of excess amount charged for a flat and excess interest at 18% instead of the stipulated 12% – Registrar, Cooperative Societies directed refund of excess amount – Petitioner claimed the reference was time-barred under Sect...
Military Law – Disability Pension – Casual Leave – Petitioner, a military personnel, suffered multiple injuries leading to a 20% permanent disability while on casual leave – Accident occurred in Cantonment Area, struck by an army truck – Disability pension claim rejected on the grounds that the injury was not attributable to or aggravated by service – Held, pers...
Execution of Decrees – Transfer of Execution Proceedings – Jurisdiction – Petitioner, judgment debtor, challenged the order of the District Judge transferring execution proceedings from the Civil Judge (Junior Division) to the Civil Judge (Senior Division) due to administrative exigencies – Held, District Judge has the power to supervise and control execution of decrees and...