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“Since there were contrary claims raised by the parties, unless the respondents established their title through competent civil court, they were not entitled to pass the eviction order exercising the powers conferred under the 1971 Act, which was summary in nature, thereby rendering the same without jurisdiction.”
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“The Inquiry Report also recorded the reply of the petitioner and the statement of the complainant that she was threatened with dire consequences by the instigator and forced to sign the complaint letter against the petitioner.”
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“We wonder how many such currency notes recovered in this type of offences get destroyed as they are not kept at a safe place. It’s a huge revenue loss for the State.”
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The Court directed that the petitioner’s husband action and his consent in opting for IVF treatment be treated to be sufficient compliance for the purposes of Section 22, ART Act.
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“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
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The Court remarked the trial Judge did not spare any time to peruse/follow the settled and binding legal position and, on extraneous reasons, dismissed the application for grant of default bail, despite accrual of an indefeasible right to the accused due to non-filing of charge-sheet within the stipulated period.
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Interpreting Rule 10 of Gujarat Civil Services (Discipline and Appeal) Rules, the Court holds that only “further inquiry” is permissible—not a fresh inquiry—quashes High Court ruling, and grants consequential benefits to the appellant.
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The Supreme Court based the standardisation of prosthetic limb compensation on 5-year replacement cycle and 70-year lifespan.
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The Court observed that “in order to gain political mileage, Mr. Khera has dragged an innocent lady into the controversy.”
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The present contempt petition was filed against the State Government for not following the undertakings given by them before the Court in several PILs filed regarding overloaded trucks.
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The Court clarified that if the Court wants to reject the anticipatory bail, it may do so but the Court has no jurisdiction to say that the petitioner should now surrender.
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“The corpus is only about 13 months old. If custody is not entrusted to the father at this stage, there is a real possibility of the child growing up without forming any emotional bond with him, which would be detrimental to the child’s overall development and the father’s parental rights.”
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A perpetual lease executed in 1945 eventually led to a dispute spanning over 3 decades, revolving primarily over the legal character and appropriate law governing this lease.
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The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal by Rs 5,79,300.
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The accused, a third year LLB student, had been found in possession of a Bar Council identity card with an enrollment number, along with case registers, seals of various police stations, notary seals and notarial registers.
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“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
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“The general principle for award of damages is that the innocent party has to be put in the same position as it would have been, if not for the infringement.”
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The case exemplified a disquieting and steadily growing tendency amongst litigants to invoke the criminal jurisdiction, not as a bona fide recourse for redressal of legitimate grievances, but as a convenient instrument to settle personal scores and wreak private vengeance.
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A commercial suit was filed along with an application for urgent relief; however, relief was denied for lack of valid authorisation to file the suit and the availability of an alternate remedy before the Debt Recovery Tribunal.
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The principal issue is whether the respondents are barred from initiating a fresh tender for empanelment of local chemists for a future period during the subsistence of existing contracts.
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