Jurisdiction of Permanent Lok Adalat – Public Utility Services – Passport Issuance Not Within Ambit – Petition Allowed – The petitioners challenged the orders of the Permanent Lok Adalat (Public Utility Services) directing the issuance of passports and imposing penalties for delays – The Court held that issuance of passports is a sovereign function governed by the Pas...
Patent Infringement – Ad-Interim Injunction – Order XXXIX Rules 1 & 2 CPC – Denial Due to Lack of Claim Mapping - The plaintiffs sought an ad-interim injunction against the defendant for allegedly infringing their patents on Pertuzumab through the product “Sigrima.” The Court held that in patent infringement cases, a prima facie case must be established, including...
Banking Law – Sanction for Prosecution – Petitioners, officers of Punjab National Bank, were prosecuted based on allegations of sanctioning loans in violation of bank norms – Earlier, the competent authority refused to grant sanction for prosecution due to lack of malafides and minor procedural lapses – Sanction was later granted under pressure from the CVC and DoPT without...
Motor Accident – Negligence and Compensation – Petition Dismissed – The appellant, Harbans Kaur, was injured when a scooter driven by Darshan Lal allegedly struck her leg, causing crush injuries and a blunt head injury – The Motor Accident Claims Tribunal (MACT) dismissed her claim, finding insufficient evidence to link the accident with the scooter driven by Darshan Lal &n...
Arbitration – Interim Relief – Emergency Arbitrator’s Order – Section 9 of Arbitration Act – Maintainability Upheld - The petitioners sought interim relief under Section 9, requesting the respondents to provide security in compliance with the Emergency Arbitrator’s order. The respondents challenged the maintainability, arguing that the Emergency Arbitrator&rsquo...
Civil Procedure – Recall of Ex-Parte Decree – The petitioner sought to recall an ex-parte decree passed by the Sub-Judge under Order 8 Rule 10 of the CPC – The petitioner argued that the decree was passed without affording him sufficient opportunity to defend his case – The court dismissed the writ petition, holding that judicial orders of civil courts cannot be challenged ...
Legal Representatives – Right to Adduce Evidence – Legal representatives of the deceased defendant sought permission to adduce evidence at the stage of final hearing – Petitioner opposed, arguing that the original defendant had already led evidence and cross-examined the witnesses – Court held that the legal representatives, having adopted the written statement of the decea...
Service Law - Delay and Laches – Writ Petition Filed After 14 Years of Retirement – Petition Dismissed – The petitioner retired in 2010 and sought relief in 2024 for the grant of promotional increment on completing 23 years of service – The Court dismissed the petition due to inordinate and unexplained delay of 14 years, citing principles of delay and laches established in ...
Theft of Jewellery – Alleged Admission of Liability – Civil Recovery - The appellant claimed recovery of Rs. 15,00,000, asserting that the respondent had stolen her jewellery and acknowledged liability through handwritten confessions and cheques. The trial court dismissed the suit, finding the appellant's claim of theft unbelievable. However, the High Court reversed this,...
Land Acquisition – Illegal Possession – Article 300-A Violation – Compensation Awarded – The petitioner was dispossessed of her land in 1988 for the construction of a road, but no acquisition proceedings or compensation followed – The Court held that the petitioner was illegally deprived of her property in violation of her constitutional rights under Article 300-A &nd...