Banking Law - Fraud Classification - Principles of Natural Justice – The petitioner, Ratul Puri, sought quashing of the Bank of Baroda's decision to classify him as a "fraud" under the RBI's Master Directions on Frauds. The Court found that the classification without prior notice or opportunity for the petitioner to be heard was in violation of principles of natural justice...
Electricity Law - Unauthorized Use of Electricity - Assessment Period under Section 126(5) – The appellant, Secretary of the Trichur Tennis Trust, disputed a final assessment made under Section 126 of the Electricity Act, 2003, for unauthorized electricity usage due to additional load without sanction. The Court clarified that under Section 126(5), if the start date of unauthorized use is un...
Writ Petition – Maintainability – Internal Disputes Between Private Clubs – Article 226 Not Applicable - The petitioner challenged the order passed by the Ethics Officer and Ombudsman of the HCA, asserting that the dispute involved inter se issues between private clubs. The Court held that writ petitions under Article 226 are not maintainable for disputes concerning private clubs...
Civil Law – Rejection of Plaint under Order VII Rule 11 CPC – Cause of Action, Locus Standi, Limitation, Court Fees, Non-Joinder of Parties – Plaintiffs (appellants) sought declaration and injunction regarding property inherited from Tej Partap Singh – Suit challenged the validity of a Will dated 20.03.1971 and alleged oral Wills of other deceased family members, and contes...
Service Law – Disciplinary Proceedings – Dismissal of Bank Officer – Disciplinary Findings Upheld – The petitioner, a Branch Manager, was charged with various irregularities, including sanctioning loans in violation of banking norms and misappropriating funds, leading to significant financial loss for the bank. Despite being acquitted in a related criminal case, the petitio...
Motor Accident Compensation – Notional Income – Reduction of Compensation Reversed – The High Court reduced the compensation awarded by the Motor Accident Claims Tribunal (MACT), applying minimum wage rates instead of the special Deputy Commissioner rates for calculating the deceased’s notional income – Held: There was no evidence to support the High Court’s fin...
Maintainability of Writ Petition – Supervisory Role of RBI Over NBFCs – The petitioner, holding significant investments in Exclusive Capital Limited, an NBFC, sought RBI intervention alleging mismanagement, fund siphoning, and regulatory violations – Held: RBI’s role as regulator, under Chapter IIIB, involves oversight of NBFCs from inception to liquidation, authorizing jud...
Civil Law - Adverse Possession – Limitation for Filing Suit – The appellants contended that they had perfected their title over the disputed property through adverse possession, having resided on the property since 1984 – The trial court accepted this argument and dismissed the respondent's suit – However, the first appellate court overturned this finding, ruling that t...
Execution Proceedings – Resistance under Order 21 Rule 97 CPC – Joint Tenancy Rights – Appeal Dismissed – The appellant filed objections under Order 21 Rule 97 CPC to resist execution of an eviction decree drawn in Original Suit No. 323 of 1977 against his brother, Prem Chandra. The appellant asserted independent rights under a separate decree in Original Suit No. 216 of 19...
Accident Claim - Just Compensation – Determining Compensation for Minor Victims – Pecuniary and Non-Pecuniary Losses – The Court addressed the criteria for determining compensation for parents of minor victims, incorporating inflation-adjusted notional income with future prospects and applying multipliers to reflect financial dependency and emotional loss – The Court mandat...