Motor Vehicle Accident – Compensation – Assessment of Liability – Claim under Section 163A of the M.V. Act for the death of a passenger in a tractor and trailer accident – Tribunal awarded Rs. 1,89,000 – Appeal by claimants for enhancement and by insurance company for reduction of liability – High Court reviewed the pending appeals simultaneously &nd...
Employee Date of Birth Discrepancy – Respondent no.3, employed at Barsua Iron Ore Mines, declared different dates of birth during his employment – Initially declared 27.12.1948, later changed to 12.03.1955 – Discrepancy affected retirement date and subsequent claims. [Paras 4-7, 16-17]
Submission by Appellant – Appellant argued against the change in date of bir...
Taxation Law - Maintainability of Direct Appeal under DVAT Act – Interpretation of Section 106(4) - The respondents objected to the maintainability of appeals directly filed in the High Court, arguing the DST Act’s procedure (Section 45) requiring a Tribunal reference should apply, especially for tax periods before 01 April 2005 – The Court held that Section 106(4) of DVAT does n...
Family Law – Maintenance to Wife and Child – Financial Obligations of Husband – Petitioner argued inability to pay maintenance awarded by Family Court due to low income and personal obligations – Evidence showed inconsistent financial disclosures by petitioner, including alleged property dealing income and sale of ancestral property – Held: Petitioner, being healthy a...
Labour Law - Industrial Law – Domestic Enquiry – Natural Justice – Inquiry Vitiated – The workman was dismissed after a domestic enquiry for alleged misconduct and dereliction of duty. The Labour Court found that the enquiry was vitiated as the management failed to provide copies of relevant documents to the workman during the enquiry, violating the principles of natural ju...
Civil Procedure – Revision under Section 115 CPC – Challenge to appellate court’s reversal of trial court’s decree – Trial court awarded token damages for wrongful confinement and defamation by police officer – Appellate court set aside decree for lack of evidence of confinement and reputational damage – Revision petition dismissed, appellate court’s...
Labour Law – Provident Fund Contributions – Canteen Subsidy – Basic Wages – Section 2(b) of EPF Act – Not Included – The canteen subsidy, being optional and dependent on employee attendance, was held not to form part of basic wages under Section 2(b) of the EPF Act. The Court referenced the principles from Bridge & Roofs Co. Ltd. v. Union of India, concludin...
Service Law - Transfer of Police Personnel - Disciplinary Force - The petitioners, office bearers of the Bihar Police Association, contested their transfers under administrative orders, citing a lack of compliance with transfer protections. The Court noted that transfer is a routine aspect of service, especially in disciplined forces, and can be mandated under administrative necessity without judi...
Service Law - Promotion – Sealed Cover Procedure – Review Departmental Promotion Committee (DPC) – Petitioner contended that his promotion was denied due to sealed cover procedure despite being clear from disciplinary proceedings on the initial DPC date – Held: Adoption of sealed cover when juniors were promoted, absent pending disciplinary proceedings on the original DPC d...
Judicial Immunity – Protection under Judges (Protection) Act, 1985 – The petitioner argued that actions performed under Section 165 of the Land Revenue Code were judicial in nature, entitling him to protection under the Judges (Protection) Act – The Court noted that Additional Collectors are empowered to perform judicial functions per Section 17 of the Code – Held: Petition...