Bond Requirement and COVID-19 Service - Petitioners, postgraduate medical students, challenge the requirement to serve in government facilities post-training, questioning whether their service during the COVID-19 pandemic counts towards fulfilling bond terms - Court upholds that COVID-19 duties performed during educational period do not count towards bond service obligation [Paras 2-5, 18].
Gov...
Ground of Eviction - Personal Bonafide Requirement - Landlords obtained eviction order against tenant on grounds of personal bonafide requirement and arrears of rent - Allegation landlords themselves faced eviction from another premises - Ground floor unsuitable due to different accommodation needs, preference for eviction of first-floor tenant to consolidate landlords' residence on a single f...
Invocation of Supreme Court Precedents – Petitioner's reliance on Desh Raj Vs. Balkishan [(2020) RCR (Civil) 807] to argue that Order VIII Rule 1 CPC is directory, not mandatory in non-commercial suits - emphasized distinction between procedures in commercial and non-commercial disputes as per Commercial Courts Act, 2015 [Paras 2, 6, 11-14].
Procedural History and Conduct of...
Selection Process and Appointment Invalidity – Writ Petition – Challenge to the selection processes by the West Bengal Central School Service Commission for appointment to various teaching and non-teaching positions – Court finds extensive procedural irregularities and illegalities, including appointments made outside of the merit panel, manipulation of Optical Mark Rec...
Decree Execution – Dispute over Execution of Compromise Agreement – Civil Appeal against the High Court’s decision allowing objections under Section 47 CPC, claiming the decree was inexecutable and void – The High Court set aside the executing court’s decision, allowing the objections, which stemmed from the alleged joint ownership of property and lack of participatio...
Tenancy Law - Grounds for Eviction – Requirement of Accommodation – Held – Landlord's bona fide requirement for accommodation substantiated by detailed familial needs, including health conditions and living arrangements of children. Tenant's challenge based on landlord's ownership of other properties dismissed due to lack of specificity and credible evidence. [Paras 2...
Motor Vehicle Accident – Claim for damages due to negligent driving – Appeal against Tribunal's dismissal of the claim petition – Vehicle damaged beyond repair from collision with another vehicle driven negligently – Compensation initially sought from the appellant's own insurance and then from the offending vehicle’s insurer – Tribunal dismissed claim a...
Minority Rights in Education – Allocation of PG Seats – Petitioner College Allegation – Held – Disproportionate allocation of PG seats to Petitioner College by Delhi University arbitrary – Rights under Article 30(1) not hindered by University’s regulations – DU directed to ensure proportionate seat allocation and consider framing guidelines for seat alloca...
Family Law – Guardianship and Custody – Territorial Jurisdiction – Application under Order VII Rule 10 CPC – Guardians and Wards Act, 1890 – Section 9:
Family Law – Guardianship and Custody of Minor – Application for Return of Petition for Lack of Jurisdiction – High Court of Karnataka allows writ petition and sets aside Family Court&rsq...
Consumer Law - Promotional Trailers – Legal Nature – Analysis – Supreme Court clarifies that promotional trailers, including those for movies, are unilateral communications and do not constitute offers or contracts enforceable by law. Promotional trailers designed to entice potential viewers do not create a contractual relationship or obligations akin to it. [Paras 1, 13-14]
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