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...
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...
Waqf Property – Appointment of Mutawalli – Hereditary Succession – The petitioners challenged the Waqf Tribunal's order that set aside the Waqf Board’s resolution appointing a committee of Mutawallis – The Tribunal incorrectly focused on hereditary succession when the Waqfnama explicitly excluded any intention for such succession – Held: The order of the Tri...
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...
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 ...
Advocate's Right to Speech – Gag Order by Bar Council of India – Writ Petition Allowed – The petitioner, a practicing advocate, challenged the gag order imposed by the Bar Council of India restraining advocates from making public statements concerning alleged financial mismanagement in the Karnataka State Bar Council – The Court held that the Bar Council of India had no...
Patent Law – Revocation of Patent – Lack of Novelty and Inventive Step – Section 64 of the Patents Act – Petitioner sought revocation of Patent No. 249376 for the process of preparing chiral beta-amino alcohols, claiming it lacked novelty and inventive step – Petitioner relied on prior arts, including European and US patents, alleging that the process steps, reactants...
Arbitration – Extension of Arbitrator's Mandate – Dispute regarding compensation for land acquired under the National Highways Act, 1956 – Petitioner challenged the arbitral award from 2018 – Arbitrator's mandate expired due to delay in proceedings without obtaining an extension under Section 29-A of the Arbitration and Conciliation Act, 1996 – High Court note...
Stamp Duty – Imposition of Penalty – The appellant challenged the trial court’s order directing payment of ten times the deficit stamp duty penalty under Section 34 of the Karnataka Stamp Act. The appellant contended that the penalty should not have been imposed at the interlocutory stage and instead argued for the application of Section 37(2), allowing for a determination of pen...