Facts:
In this case, a minor victim was traveling on a tractor with her parents when it was hit by a truck. The victim sustained serious injuries, including damage to her brain, resulting in a 100% disability. The disability certificate indicated a severe impairment, with an I.Q. less than 20% of a child of her age and a social age equivalent to that of a 9-month-old child.
Issues...
Full Tank Level Dispute – Extent of FTL – Petitioners' objections regarding Durgam Cheruvu tank’s FTL not considered – Directions for Reconsideration – The petitioners argued that the FTL determined by the respondents exceeded the original extent of Acs. 65.12 Guntas, encroaching on their private property – Held: The Lake Protection Committee was directed to...
Facts:
An advocate filed a writ petition before the High Court, seeking directions to the Department of AYUSH to allow homeopathic practitioners to perform in accordance with the advisory issued on 06.03.2020. The advisory suggested the use of AYUSH systems in responding to COVID-19, but the State of Kerala and the Department of AYUSH, Trivandrum, did not implement it. The High Court disp...
Facts:
The informant, Samir Agrawal, filed a complaint before the Competition Commission of India (CCI) alleging a violation of Section 3 of the Competition Act. The CCI dismissed the case, holding that no contravention of Section 3 was made out. The informant appealed to the National Company Law Appellate Tribunal (NCLAT), which upheld the CCI's decision. Subsequently, the informant appea...
Facts:
The appellant, Smt. S. Vanitha, claimed the house owned by respondent Nos. 2 and 3, her in-laws, as her matrimonial residence after her husband (respondent No. 4) deserted her and their daughter. The authorities directed her to vacate the house, and the High Court upheld the decision, stating her right to claim shelter was only against her husband.
Issues:
Whether the premises ...
Facts:
Respondents had booked flats with the appellant-builder, but the flats were not delivered on time. They filed a consumer complaint before the National Commission, seeking a refund of their money. The appellant received the notices in June 2020 and filed a written statement/reply on 31 August 2020, which was beyond the 45-day period prescribed under Section 38 of the Consumer Protection ...
Facts:
The promotion of an incumbent teacher to the post of Professor under the Career Advancement Scheme (CAS).
The teacher joined the constituent college of Karnataka University on October 28, 2013, as an Associate Professor. Before that, he served as an Associate Professor in an affiliated college of the University from January 1, 2006, to January 1, 2009.
The promotion to the post of ...
Civil Law – Probate of Will – Two competing Wills – Probate granted in favor of respondent based on 1993 Will – Trial court dismissed claim on 1995 Will – Appellants challenged the genuineness of the 1993 Will, alleging suspicious circumstances, including mention of deceased wife who was alive at the time of the Will's execution – Held: The 1993 Will was sus...
Facts:
The present case revolves around a dispute between the petitioner, Mr. Suresh Shah, and the respondent, Hipad Technology India Private Limited. The petitioner is the landlord, and the respondent is the tenant of a commercial property. The lease agreement between the parties contains an arbitration clause, which provides an alternate mode of dispute resolution. Subsequently, a dispute ar...
Facts:
The respondent was employed by Bharat Coking Coal Limited.
The date of birth in the respondent's service record was recorded as March 4, 1950.
The respondent indicated the same date of birth in various official forms.
In 2009, just before retirement, the respondent requested a change in his date of birth in the service records.
The appellant company verified the date of b...