Registration of Gift Deeds – Applicability of Section 22-B – Rejection of Registration Orders Upheld – Appeals against Single Judge’s order directing registration of gift deeds – Section 22-B of the Registration Act applies exclusively to sale deeds and not to deeds of gift – Court held the language of Section 22-B is clear and does not extend to gift deeds &nda...
Motor Vehicles Act – Compensation for Accident – Determination of Just Compensation – Appellant suffered 100% permanent disability due to a road accident caused by a rashly driven lorry – Tribunal awarded Rs.58,09,930/- with 6% interest, excluding Rs.1,00,000/- for future medical expenses – High Court enhanced compensation to Rs.78,16,390/- but retained the interest r...
Arbitral Mandate – Application Filed Post Expiry – Section 29A(4) of the Arbitration and Conciliation Act, 1996 – Appeal Allowed - The appellant filed an application under Section 29A(4) for extending the mandate of the Arbitral Tribunal after its expiry. The High Court dismissed the application, citing delay and the absence of a pending extension request before the expiry. Held:...
Service Regularization – Delay in Decision on Representations – State Obliged to Act Expeditiously - Petitioners sought regularization of services and parity with employees already regularized under the same requisition – Grievance arose due to the State’s failure to decide representations for months – Held: A welfare State is expected to act promptly in addressing em...
Civil Law - Intellectual Property – Infringement of Copyright and Trademarks – Unauthorized Use – Injunction Granted - The plaintiff alleged unauthorized streaming of its registered audio content, artistic works, and trademarks including "Sunday Suspense" and "Radio Mirchi" by defendants – Unauthorized activities included online broadcasts, mobile applic...
Civil Law - Specific Performance – Time as Essence – Enforceability of Agreement – Buyers’ Conduct – Agreement Unenforceable - The agreement for sale specified that time was of the essence, yet allowed extensions implicitly through conduct – Buyers argued four-month performance period began only upon tenant vacating the property, which was contested – Cour...
Matrimonial Law – Cruelty and Desertion – Absence of Evidence – Divorce Denied - Appellant-husband’s suit for divorce was dismissed due to lack of cogent evidence on cruelty – Allegations of cruelty, including attempted suicide, office complaints, and abusive behavior, were unsupported by medical or third-party evidence – Evidence from P.W.2 (plaintiff’s m...
Writ – PIL - Real Estate Regulations – Fraudulent Registrations – Regulatory Action Required – Petitioner sought intervention against real estate projects registered on forged commencement certificates – Court directed rigorous implementation of verification mechanisms, including integration of MahaRERA with local authorities’ digital platforms, to prevent misus...
Civil Law - U.P. Consolidation of Holdings Act – Claim of Co-Tenancy – Disputed Land – Appellant challenged the High Court’s decision restoring the order of the Consolidation Officer, which dismissed the claim of Smt. Gulabi to co-tenancy over the disputed land – High Court found the Appellate and Revisional Authorities acted perversely, reversing findings supported b...
NEET UG Counseling – Merit-based Allotment – Petitioners higher in merit than respondents were excluded from the Stray Vacancy Round due to non-submission of Class XI mark-sheets indicating Biology as a subject – Petitioners submitted the requisite certificates promptly after public holidays but were not considered – Court held that procedural technicalities cannot override...