Res Judicata and Maintainability – Earlier dismissal of suits for injunction not involving specific performance raised in the present suit – Applicability of Order 2 Rule 2 and Order 7 Rule 11 examined – Earlier suits treated as not covering the ground of specific performance, therefore, do not preclude the present suit – Supreme Court precedents discussed confirming that t...
Marriage and Misappropriation of Assets – Maya Gopinathan (Appellant) appeals against High Court’s partial reversal of Family Court’s judgment which had favored her claims of misappropriation of jewelry and a monetary gift by Anoop S.B. (First Respondent) and his late brother (Second Respondent) – Family Court had originally awarded compensation for 89 sovereigns of gold an...
Petitioner Challenge to CIC Order – Petitioner, an educational institute, challenges CIC's directive to provide comprehensive information to respondent as per RTI Act, arguing information requested is voluminous and burdensome – High Court upholds CIC order, rejects petitioner's argument that compiling information would be overly burdensome, emphasizes RTI Act’s objective...
Quashing of Notifications – Land Acquisition – Challenge to the acquisition process under the Land Acquisition Act, 1894 – Petitioners seek quashing of two notifications (Annexures P-1 and P-3) for the acquisition of land for residential development in Sectors 1 and 2, Palwal – High Court upholds the validity of notifications and acquisition process, emphasizing compliance ...
Factual Background & Appeal – Oriental Insurance challenges compensation awarded by Motor Accident Claims Tribunal for severe injuries (resulting in arm amputation and 85% disability) sustained by Seema in a traffic accident involving a bus insured by them – [Para 1, 4].
Tribunal’s Findings Upheld – No challenge to Tribunal’s conclusion that bus driver’s ...
Judicial Service – Misconduct – Petitioner, a judicial officer, removed from service based on multiple incidents of misconduct including irregular attendance, misbehavior, and intoxication; challenged the removal as disproportionate and based on unreliable witnesses – High Court examined the meticulous inquiry process followed, including opportunity given to the petitioner to def...
Judicial Misconduct and Discrepancies in Duty – Petitioner, a Civil Judge, faced multiple complaints regarding his conduct, absenteeism, and alleged intoxication during duty hours; charges framed included not observing dais time, absence during office hours, misbehavior and intoxication - Based on multiple reports from district judges and bar associations, charges were substantiated - [Paras...
Medical Negligence and Consumer Protection – Civil Appeal – Seeking Enhanced Compensation for Medical Negligence under Consumer Protection Act, 1986 – Appellant experienced severe post-operative complications and pain following appendectomy surgery, leading to discovery of a retained surgical needle – District Forum awarded Rs. 5,00,000; State Commission reduced compensatio...
Background and Appeals – Cross-appeals filed by M/s Oravel Stays Pvt. Ltd. (OSPL) and Nikhil Bhalla (NB) against the order of the learned Commercial Court rejecting OSPL's application to refer the dispute to arbitration under Section 8 of the A&C Act - Both parties challenge aspects of the judgment related to the existence and scope of the arbitration agreement under the Marketing an...
Maternity Benefits – Empanelled Advocates – Employment Relationship Examination – Appellant challenged the lower court’s decision granting maternity benefits to the respondent, an empanelled advocate, under the Maternity Benefit Act, 1961 – Dispute whether an advocate engaged on a contract basis qualifies as an ‘employee’ under the said Act [Paras 1-3, 9, ...