Adverse Possession – Requirement of Continuous, Open, and Hostile Possession – Claim Rejected – The appellants' plea of adverse possession failed due to lack of proof of continuous, open, and hostile possession for the required period. The evidence showed that their possession was permissive, as they were cultivating the land as lessees (Adhiyadar). The Court held that withou...
Specific Performance – Bona Fide Purchaser – Doctrine of Lis Pendens – Section 52 of the Transfer of Property Act – The appellant claimed to be a bona fide purchaser without notice of an earlier agreement between the plaintiff and defendant no. 1. However, the sale deed in favor of the appellant was executed during the pendency of the suit, thus attracting the doctrine of l...
Negligence – Electrocution Injury – Damages – Minor plaintiff electrocuted due to contact with live wire while checking water tank at neighbor's request – Plaintiff sustained burns, lost three toes – Trial court awarded Rs. 35,000 in damages – High Court affirmed the award, rejecting appellant’s contentions of procedural non-compliance and alternate in...
Administrative Law – Correction in Educational Records – CBSE By-Laws – Petitioner requested corrections to reflect her biological mother’s name in her Class 10th certificate, which currently shows the name of her stepmother due to her father’s remarriage – Held: The correction was permitted, considering the petitioner’s fundamental right to be recognized ...
Service Law - Administrative Law – Public Employment – Dismissal for Fraudulent Appointments – Petitioners were appointed as Chowkidars based on a newspaper advertisement issued in “Komi Den Sangrur” – Their appointments were later annulled due to non-compliance with procedural rules, including the lack of proper advertisement and merit list – The inquiry ...
Permanent Lok Adalat – Scope of Jurisdiction – Complex Legal and Factual Issues – Petition Dismissed – The petitioners sought quashing of orders passed by the Permanent Lok Adalat (Public Utility Services) in a dispute concerning a housing loan and the rejection of an insurance claim after the co-applicant’s death – The Court held that the Permanent Lok Adalat h...
Advocate Appearance – Recording of Advocate’s Name in Order Sheets – Petition by a practicing advocate aggrieved by the omission of his name from orders in the Patiala House Court – Petitioner contended that despite several attempts, his appearances were not being recorded – Court observed that recording advocate names is crucial for professional acknowledgment and el...
Eviction Suit – Default in Payment of Rent – No Default Found - The appellant, a tenant, was accused of failing to pay rent for two consecutive months, October and November 2012. He contended that he had attempted to pay the rent in person and later sent it via money order, which the landlord refused. The appellate court found him to be in default; however, the High Court held that the...
Motor Accident Claims – Compensation – Enhancement of Compensation – Petitioner injured in auto rickshaw accident – Tribunal awarded Rs.1,44,400/-; petitioner sought higher compensation – Court reassessed damages under multiple heads, including future income loss – Enhanced compensation to Rs.2,10,500/- – Insurance Company held liable despite expired fitne...
Labour Law – Termination – Section 25F Industrial Disputes Act – Reinstatement vs. Compensation – Labour Court found termination of petitioner illegal but granted compensation instead of reinstatement – Petitioner sought reinstatement with back wages – High Court upheld Labour Court’s decision, citing that compensation can be an appropriate remedy for dail...