Civil Procedure – DNA Test – Dispute over parentage – Petitioner challenges trial court order permitting DNA test to determine if respondent is the daughter of Harphool Singh – Petitioner contends respondent consistently claimed to be the daughter of Shiv Dayal in previous litigations – Supreme Court precedents establish DNA test not to be ordered routinely, only when...
Trade Marks Law – Opposition to Registration – The appellant, "M/s Abbott GmbH," opposed the registration of the mark "MEBUFEN" by respondent No.2, "M/s Meridian Medicare Ltd.," on grounds of deceptive similarity with their mark "BRUFEN" – The Registrar of Trademarks dismissed the opposition and granted registration to "MEBUFEN" &...
Workman Classification – Definition under Section 2(s) of the Industrial Disputes Act – Employee Not a Workman – The employee, who was employed as a Junior Engineer and later promoted to Assistant Engineer, claimed to be a “workman” under Section 2(s) of the I.D. Act. The management contended that he performed supervisory duties and earned more than the salary thresho...
Delayed Judgment Delivery – Timeliness and Judicial Conduct – Article 227 of the Constitution of India – Judgment Set Aside - The appellants contended that the judgment of the High Court dated 1st March, 2023, dismissing their petition, was issued without reasons and that reasons were provided more than a year later, violating judicial discipline. The Supreme Court held that a de...
Promissory Note – Execution and Consideration – Burden of Proof – Second Appeal allowed – The plaintiff claimed that the defendant had borrowed Rs. 1,50,000 by executing a promissory note (Ex-A.1), which the defendant denied, alleging forgery – The Trial Court and First Appellate Court decreed the suit in favor of the plaintiff based on the defendant’s admission...
Service Law – Appointment Denial – Petitioner selected for the post of Fireman, but denied appointment based on alleged suppression of criminal involvement in his application – FIR was registered against the petitioner after submission of the application – Petitioner was acquitted in the criminal case due to lack of evidence – Held: There was no suppression of materia...
Civil Service – Seniority Dispute – Promotion – Appointment as In-charge Principal Quashed – The appellant was appointed as the In-charge Principal of a school through an order dated 30.03.2023, which was challenged by the respondent on the ground of seniority – The Single Judge quashed the appointment due to the appellant being junior – Held: The appellate cour...
Corporate Insolvency – Disqualification from Coal Mine Auctions – Appeal against the judgment of the Single Judge allowing the respondent to participate in future coal mine auctions despite outstanding dues – Appellant (Union of India) claimed that respondent (OCL Iron and Steel Ltd.) failed to renew the Performance Bank Guarantee (PBG) leading to a demand of Rs.92.25 crore &ndas...
Criminal Law – Copyright Infringement – Registration Requirement – The primary issue in this revision application was whether the registration of copyright is mandatory prior to initiating criminal prosecution under the Copyright Act, 1957 – The applicant was accused of duplicating books published by Relx India Pvt. Ltd. without authorization – The trial court framed ...
Service Law – Transfer – Allegation of Insubordination – Transfer Quashed – The petitioners, Assistant Managers in different branches of Indian Overseas Bank, challenged their transfer orders issued after a review meeting where one of the petitioners raised issues regarding UPI transaction delays – The bank alleged that the petitioners committed acts of insubordinatio...