Civil Law - Rejection of Plaint – Non-filing of Duplicate – Order VII Rule 11(e), CPC – Procedural Defect – The petitioner sought rejection of the plaint under Order VII Rule 11(e), CPC, due to the failure of the plaintiff to file the plaint in duplicate – Held: The rejection of a plaint under this provision is procedural and not automatic – Courts are required ...
Compassionate Appointment – Eligibility of Married Daughter – Petition Dismissed – The petitioner, a married daughter, sought compassionate appointment following her brother’s death in harness. The Tribunal had denied her application, ruling that as a married daughter, she was ineligible under the rules in effect at the time of her brother’s death. Held: The compassio...
Specific Performance – Limitation and Readiness to Perform – Appeal Dismissed - The appellants sought specific performance of an agreement of sale dated 02-11-1979 for land, contending that they were ready and willing to perform their part but were delayed due to procedural issues – Trial court dismissed the suit, finding the claim barred by limitation and observing that the plai...
Interim Order – Vacation Request – Application filed for vacating interim order dated 01.03.2023 – Respondent argued interim order halted significant public projects involving national security – Court reviewed necessity of interim relief versus public interest [Paras 1-13].
Public Interest and National Security – Judicial Review in Tender Matters –...
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...
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...
Permanent Disability Compensation – Assessment under Motor Vehicles Act – Appeal Partly Allowed – The appellant, a minor who suffered 75% permanent disability from a vehicular accident, challenged the compensation determined by the MACT and later enhanced by the High Court. Held: The Supreme Court recalculated the compensation based on a more appropriate income estimation for los...
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...