Service Law – Pay Scale Anomaly – Parity in Pay – Appellant appointed as Industries Extension Officer pursuant to a common competitive examination conducted in 1981 – Differential pay scales introduced after pay revisions resulted in discrimination among similarly situated posts – Learned Single Judge directed grant of higher pay scale on parity relying on Patna High ...
Electricity Law – Tariff Determination – Firm Power vs Infirm Power – Gas Turbine Open Cycle Operation – Appeal against concurrent findings of TNERC and APTEL holding that power supplied by the respondent from 29.10.2005 to 30.06.2006 was firm power – Appellant contended that supply prior to Commercial Operation Date under the PPA was infirm power payable only at vari...
Succession Law – Probate – Will proved genuine but probate denied – Xerox copy of Will dated 22.01.1996 propounded by husband of testatrix – Allegation that original Will was stolen by appellant – Trial court accepted genuineness of Will based on attesting witness testimony and consistent evidence – However, probate dismissed due to concealment of fact that prop...
Service Law – Wrongful Dismissal – Grant of Back Wages – “No Work No Pay” – Petitioner, a PwD employee, dismissed from service solely on basis of criminal conviction despite stay of conviction by appellate court – Dismissal order later set aside and matter remanded for fresh decision – Competent authority granted all service benefits including salary...
Consumer Insurance Law – Fire Insurance – Repudiation of Claim – Theft Preceding Fire – Appellant’s factory suffered loss due to fire caused when miscreants attempted theft of transformer copper windings – Insurance claim repudiated on ground that burglary was proximate cause and excluded under RSMD clause – NCDRC upheld repudiation – Held: Once loss...
Banking and Finance Law – SARFAESI Act – Applicability in Nagaland – Appellant financial corporation invoked SARFAESI Act for recovery of dues from respondent borrower – High Court set aside SARFAESI proceedings holding action to be without jurisdiction – Held: SARFAESI Act was not applicable in the State of Nagaland prior to notification dated 10.12.2021 and could no...
Labour Law - Industrial Disputes Act – Reinstatement vs. Lump-sum Compensation – Daily Wager in Irrigation Department – Labour Court granted reinstatement but denied full relief – Employee and State both challenged award – Held: Irrigation Department is an “industry” under Section 2(j) of the ID Act as settled by Supreme Court and Full Bench – State ...
Specific Performance – Long Pending Allotment – Subsistence of Contract – Allotment of plots in residential colony made in 1963 – Defendant pleaded automatic cancellation in 1964 for non-payment of instalment – Earlier round of litigation conclusively held that no lawful cancellation took place and allotment subsisted – Held: Findings in earlier RSA attained fin...
Multi-State Cooperative Society – Deemed Conversion – Section 103 – Applicability – Reorganization of Uttar Pradesh in 2000 led High Court to hold that cooperative sugar factories became multi-State cooperative societies – Supreme Court holds that Section 103 only applies where “objects” of society extend to more than one State – Mere fact that area ...
Contract – Sale Agreement – Suppression of Encumbrance – Breach by Vendor – Respondent entered agreement to sell land for ₹4.45 crores but failed to disclose existing mortgage – Appellant paid ₹55 lakhs as advance – On discovering the mortgage, appellant withheld further payment – Held: Vendor's failure to disclose encumbrance constituted fraud and...