Motor Vehicles Act – Light Motor Vehicle (LMV) – Definition and Scope – Transport Vehicles within LMV Classification - The term "light motor vehicle" (LMV) as defined under Section 2(21) of the Motor Vehicles Act (MV Act) includes both private and commercial vehicles, provided their gross weight does not exceed 7,500 kg – The Court held that LMV licenses extend to...
Permissive Possession – Adverse Possession Claim Rejected – Appeal Allowed – The plaintiff-appellant sought possession of land transferred under an agreement to sell, which was subsequently cancelled. The respondent-defendant claimed adverse possession, citing long-standing occupancy post-termination. Held: Possession acquired through an agreement to sell is inherently permissive...
Secularism and Minority Rights – Constitutional Validity of Madarsa Act – The Court analyzed whether the Madarsa Act violates secularism, a core principle of the Constitution, by establishing a board that regulates Islamic educational institutions – Held: The Act, being regulatory and aiming at educational standardization, does not per se contravene secularism if balanced with mi...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Civil Law - Limitation for Reference – Section 10 and 2A of the Industrial Disputes Act – Delay Beyond Reasonable Period – The petitioner challenged the Central Government's order of reference to the Industrial Tribunal made after an 11-year delay post-appeal dismissal – The court noted that while Section 10 of the ID Act does not prescribe a limitation period, a reason...
Service Law – Dismissal from Service – False Information – Writ petition filed challenging the dismissal of the petitioner’s husband from service due to submission of false information at the time of appointment regarding name, age, and educational qualifications – Charge-sheet issued based on the report of the Circle Officer revealing discrepancies – Disciplina...
Counter-Claim – Requirement for Separate Appeals – Appeal filed challenging the dismissal of the main suit without filing a separate appeal against the counter-claim – Held: When both the suit and counter-claim are decided, separate appeals must be filed to challenge both – Failure to file separate appeals results in res judicata – The First Appellate Court erred by r...
Civil Law – Mega Power Policy and Change in Law – Press Release as Binding Legal Instrument – Appeal Dismissed - Mega Power Status and Notification Requirements – Appellants contended that the 01.10.2009 press release announcing the Union Cabinet's decision on the revised Mega Power Policy constituted a legally binding "Change in Law" under Clause 13 of the Po...
Labour Law - Industrial Disputes – Relevance of Additional Documents – Section 10(1B)(d) of the Industrial Disputes Act – Petition to Submit Evidence Denied - The petitioner sought permission to submit additional documents before the Industrial Tribunal to demonstrate the respondent's alleged misconduct, arguing that these documents, including criminal complaints and general ...
Contract Law – Sale Agreement – The plaintiff sought a refund of Rs. 16,20,700/- and damages of Rs. 10,00,000/- – Plaintiff alleged misrepresentation by the defendant regarding the title of the property – Defendant sold the property without clear title – Suit partly decreed by the trial court for Rs. 2,14,000/- with 6% interest per annum from the date of the plaint ti...