(1)
BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs.
THE STATE OF KARNATAKA AND OTHERS .....Respondent D.D
20/01/2022
Land Acquisition – Higher Compensation – BDA Act vs. 2013 Act – LA Act incorporated into BDA Act remains applicable – High Court erred in applying 2013 Act to BDA acquisitions – 2013 Act provisions not applicable where BDA Act governs acquisition – Repeal of LA Act does not affect ongoing BDA proceedings [Paras 1-24].
Legislation by Incorporation – Prov...
(2)
ARUNACHALA GOUNDER (DEAD) BY LRS .....Appellant Vs.
PONNUSAMY AND OTHERS .....Respondent D.D
20/01/2022
Hindu Law – Succession – Self-acquired Property – Inheritance Rights – Property of a male Hindu dying intestate – Daughter’s right to inherit – Property to devolve by inheritance, not survivorship – Daughter entitled to inherit father’s self-acquired property in preference to collaterals – Recognized under old customary Hindu Law and judi...
(3)
SHENBAGAM AND OTHERS .....Appellant Vs.
K.K. RATHINAVEL .....Respondent D.D
20/01/2022
Specific Performance – Readiness and Willingness – Financial Capacity and Conduct – Court must assess both financial capacity and conduct of the plaintiff in determining readiness and willingness – Delay in performance, conduct inconsistent with agreement obligations, or inequitable benefit to plaintiff can bar specific performance – Contractual obligations, particula...
(4)
VILLAGE OFFICER AND OTHERS .....Appellant Vs.
CHUNAYAMAKKAL JOSEPH AND ANOTHER .....Respondent D.D
19/01/2022
Land Tax – Vested Forest Lands – Validity of Ownership – Respondents' claims to ownership based on canceled jenmam rights and purchase certificates – Forest Tribunal's ruling against respondents stands unchallenged – Acceptance of basic tax from respondents would wrongly imply ownership – Appeal allowed [Paras 1-7].
Judicial Review – Role of Civ...
(5)
COMPETITION COMMISSION OF INDIA .....Appellant Vs.
STATE OF MIZORAM AND OTHERS .....Respondent D.D
19/01/2022
Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...
(6)
RENAISSANCE HOTEL HOLDINGS INC. .....Appellant Vs.
B. VIJAYA SAI AND OTHERS .....Respondent D.D
19/01/2022
Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...
(7)
SUSHIL KUMAR .....Appellant Vs.
THE STATE OF HARYANA AND OTHERS .....Respondent D.D
19/01/2022
Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...
(8)
STATE OF U.P. .....Appellant Vs.
JAI DUTT AND ANOTHER .....Respondent D.D
19/01/2022
Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...
(9)
INDIAN OVERSEAS BANK AND OTHERS .....Appellant Vs.
OM PRAKASH LAL SRIVASTAVA .....Respondent D.D
19/01/2022
Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...