Right to Accessibility – Mandatory Compliance – Reaffirmation of Accessibility Rights for Persons with Disabilities (PWDs) – Failure of Existing Legal Framework – The petition, filed in 2005, sought directions to ensure accessibility of public spaces for PWDs, as mandated by the Rights of Persons with Disabilities (RPWD) Act, 2016 – A comprehensive report by NALSAR-CD...
Consumer Law - Medical Negligence – Allegation of Negligent Surgery – Complainant claimed that surgery for congenital ptosis (drooping eyelid) in minor patient, performed by Dr. Neeraj Sud at PGI, Chandigarh, was conducted negligently, worsening the patient’s condition instead of improving it – State Commission initially dismissed complaint, finding no evidence of negligenc...
Land Acquisition – Unauthorized Use of Land – Compensation – Plaintiffs filed a suit for possession, permanent, and mandatory injunction after their land was utilized for road construction without their consent or due process – Trial court directed the State to acquire the land following legal procedures and disburse the assessed compensation to the landowners – High ...
Civil Procedure – Additional Documents in Commercial Suits – Plaintiffs filed an application under Order XI Rule 1(5) CPC for leave to file additional documents – Defendants opposed the application, arguing that documents should have been filed earlier – Court allowed certain additional documents, noting the necessity of their production for a just decision and emphasizing ...
Revocation of Probate – Citation of Interested Parties – Applicant’s Status as Biological Son – Application for revocation of probate granted to respondents. Applicant, Michael Soumen Ghosh, contended he was the biological son of the testator, Satyabrata Ghosh, but was not cited in the probate proceedings. The court emphasized the necessity for a testamentary court to verif...
Rejection of Plaint – Limitation and Court Fees – Appeal challenging rejection of plaint on the basis of being barred by limitation and inadequately stamped – Plaintiff executed sale deeds under misrepresentation – Claimed sale deeds intended as security for a loan, to be re-conveyed upon repayment – Defendant argued the suit barred by Article 59 of the Limitation Act...
Civil Law - Res Judicata – Applicability in Labour Disputes – Section 11, CPC – Second Reference Barred - The petitioner, terminated from employment through a contractor, filed a second reference with the Labour Court following the employer’s payment of differential wages under the Minimum Wages Act – The court held that the second reference was barred by res judicata...
Arbitration Agreement – Assignability and Privity of Contract – The petitioner, a U.S.-incorporated entity, invoked the arbitration clause in the agreements initially made by Cryobank International, Inc. with the respondent companies, claiming an assignment of rights due to a public asset purchase. The respondent contested, arguing a lack of privity with the petitioner and that the agr...
Civil Procedure – Second Appeal – Possession and Injunction – Appeal against the reversal of a trial court’s decree granting permanent injunction in favor of the appellant – Trial court decreed that the appellant had established possession over the disputed property – Appellate court reversed the decision, excluding key evidence (an unregistered lease deed) &nda...
SARFAESI Act – Recovery Proceedings – Petitioner challenged the recovery actions initiated by Kerala Gramin Bank for an outstanding amount of Rs. 11,40,929/- – The court acknowledged the bank’s amenability to grant the petitioner an opportunity to repay the amount in monthly installments – Court directed the petitioner to clear the outstanding amount in 12 equal month...