Hindu Law – Succession – Self-acquired Property – Inheritance Rights – Property of a male Hindu dying intestate – Daughter’s right to inherit – Property to devolve by inheritance, not survivorship – Daughter entitled to inherit father’s self-acquired property in preference to collaterals – Recognized under old customary Hindu Law and judi...
Specific Performance – Readiness and Willingness – Financial Capacity and Conduct – Court must assess both financial capacity and conduct of the plaintiff in determining readiness and willingness – Delay in performance, conduct inconsistent with agreement obligations, or inequitable benefit to plaintiff can bar specific performance – Contractual obligations, particula...
Caste Certificate Validation and Challenge – Scrutiny Committee validated appellant’s ‘Mochi – Scheduled Caste’ certificate based on documents from pre-independence era – High Court overturned this, citing forged documents and unauthorized intervention in the Presidential Order [Paras 1-3, 13, 17, 24].
High Court’s Scope in Writ of Certiorari ...
Land Tax – Vested Forest Lands – Validity of Ownership – Respondents' claims to ownership based on canceled jenmam rights and purchase certificates – Forest Tribunal's ruling against respondents stands unchallenged – Acceptance of basic tax from respondents would wrongly imply ownership – Appeal allowed [Paras 1-7].
Judicial Review – Role of Civ...
Selection Process and Bias – Relationship of candidates with selection committee members – Appointment of appellants as Shiksha Karmi Grade-III set aside due to close familial relationships with committee members, indicating reasonable likelihood of bias – Found not in compliance with Sections 40 and 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 [Paras ...
Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...
Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...
Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...
Arbitral Award Modification & Judicial Intervention - Challenge to the High Court's judgment confirming the Senior Civil Judge's decision to modify the arbitral award - The issue concerns judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, and the scope of such intervention in arbitral awards. [Paras 1, 11-12, 14-15, 28-32, 37-43]
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Suspension and Cancellation under PC&PNDT Act - Interpretation of Sections 20(1), (2), and (3) - The appeal focuses on the powers for cancellation, suspension, or suspension in public interest under the PC&PNDT Act - Concerns the case of suspension of registration of "Dev Hospital," Ahmedabad, without notice or hearing, deemed contrary to the provisions of the Act [Paras 2, 3, 5,...