Insurance Appeal – Recovery Right – Challenge against the High Court’s reversal of Tribunal Award granting recovery right to the petitioner-insurance company from vehicle owners, following a motor accident due to a driver with a fake license – Special Leave Petition filed by aggrieved insurance company. [Para 1]
Motor Vehicle Accident – Fatal Accident Compensation ...
Condonation of Delay – Appeal against Order – Respondent's delay of 1011 days in preferring the Second Appeal condoned by the High Court – No sufficient or satisfactory explanation provided for the delay – Courts cannot entertain belated and stale claims on equity grounds – Delay defeats equity – The High Court failed to exercise discretion judiciously &ndas...
Civil Appeal – Rejection of Plaint – Examination of Order VII Rule 11, Code of Civil Procedure, 1908 (CPC) concerning the legality of partial plaint rejection – High Court’s erroneous application on both counts; misapplication of principles governing Order VII Rule 11 of the CPC, and impermissible partial rejection of the plaint. Appeal allowed, impugned order set aside, an...
Civil Appeal – Execution Proceedings under Order XXI of the CPC – Appeal by landlord against the delay and abuse of process in execution proceedings by the tenants – Historical delay in execution of decrees highlighted – Initial eviction decree obtained on the grounds of non-payment of rent, with decree holder entitled to execute the decree as per order dated 12.02.2013 &nd...
Civil Appeal – Recruitment of Ex-Servicemen as Village Development Officers – Appeal against High Court’s rejection of appellants’ claims for recruitment due to non-fulfillment of Ex-Servicemen status and essential qualification at the time of application – Appellants argued issuance of appointment letters and later release from Armed Forces as a valid claim for Ex-Se...
One Time Settlement (OTS) Scheme – Non-Performing Asset (NPA) – Bank initiated proceedings under SARFAESI Act – Respondent's loan account categorized as NPA – Respondent applied for OTS which was rejected by the bank due to eligibility criteria – High Court issued a writ of mandamus directing bank to consider the application positively – Supreme Court held t...
Arbitration Award – Setting Aside of Arbitral Award – Order passed by Facilitation Council without following arbitration procedure – Council’s order was challenged in writ petition – High Court dismissed the petition – Supreme Court held that the order of the Facilitation Council was a nullity as it bypassed mandatory arbitration procedure under MSMED Act and Ar...
Examination Question – Validity – Question regarding the Panchayati Raj Minister in Uttar Pradesh at the time of the exam was ambiguous due to the minister's recent death – Commission decided to award marks to candidates who chose the correct answer as per the pre-death scenario or left it unanswered – Respondent who chose an incorrect option sought relief – Supre...
Market Fee – Liability on Imported Produce – Respondent, engaged in selling processed spices, imports agricultural produce from outside Karnataka, processes it, and sells within the appellant's market area – Market fee levied under Section 65(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act of 1966 – Exemption not applicable to imports...
Consumer Complaint – Limitation Period – NCDRC condoned a delay of 100 days in filing a written statement – Appeal based on Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (2020) 5 SCC 757, which restricts the extension of time beyond 45 days – Judgment applied prospectively – Orders of NCDRC allowing condonation on merit...