Land Acquisition – National Highways – Multiplier Factor – Conflict between Central and State Notifications – Acquisition initiated under Section 3-A(1) of the National Highways Act for National Highway project – Central Government notification dated 09.02.2016 under Section 30(2) read with First Schedule of the Act of 2013 prescribing multiplier factor of 2.00 &ndash...
Plaint – Rejection of Plaint – Under-valuation – Advanced Stage of Trial – Application filed after examination of defence witness (DW.4) – Defendant sought rejection of plaint alleging that suit property was undervalued based on evidence of Sub-Registrar official regarding sale value of nearby properties – Trial Court dismissed the application holding that under...
Service Law – Disciplinary Proceedings – Desertion vs. Absence without Leave – CRPF Act, 1949 – Charge-sheet alleged desertion though petitioner voluntarily rejoined duty within about 20 days – Essential ingredient of animus deserendi absent – Held: Temporary absence followed by voluntary resumption of duty cannot constitute desertion under Section 9 CRPF Act &n...
Mandatory Injunction – Licensor–Licensee Relationship – Maintainability – Suit for mandatory injunction filed by husband and subsequent purchaser against wife occupying flat – Wife claimed to be trespasser post revocation of licence – Held: Where defendant occupies premises as a licensee and licence is terminated, suit for mandatory injunction for recovery of po...
Temporary Injunction – Specific Performance – Appeal From Order – Interference Warranted – Plaintiffs sought injunction restraining defendants from developing suit land pending suit for specific performance of agreements dated 10.02.2010 and MOU dated 26.02.2013 – Trial Court rejected injunction holding that MOU not executed by original landowners created no enforceab...
Service Law – Recruitment – Head Teacher (Class-III) – Interpretation of Eligibility Rule – Teaching Experience – Petitioners, having cleared Head Teacher Aptitude Test, were denied acceptance of application forms on the ground that they lacked five years’ teaching experience after acquiring B.Ed. degree – Rule 4(d) of Recruitment Rules, 2012 prescribes &l...
Service Law – Dearness Allowance – Legally Enforceable Right – Outcome: Affirmed – Dearness Allowance (DA) is a compensatory measure against inflation, not a bounty, designed to protect the real value of wages and maintain a minimum standard of living – The High Court's finding in the first round of litigation that DA is a legally enforceable right, having attaine...
Income Tax – Employees’ Contribution to PF and ESI – Deductibility – Section 2(24)(x) and Section 36(1)(va) – High Court held that employees’ contribution deducted from salaries constitutes income of the employer and is allowable as deduction only if deposited within the due date prescribed under the relevant welfare statutes – Employer’s contributio...
Writ Jurisdiction – Abuse of Process – Civil Suit Pending – High Court allowed writ petition seeking demolition of appellant’s construction on disputed property without issuing notice – Held: Respondent No.1 had already filed a civil suit seeking identical relief – Filing writ petition was an abuse of process to bypass the suit – Petition not maintainable ...
Sexual Harassment – Armed Forces – ICC Report – Appeal under POSH Act – Appellant, a Naval Commander, was proceeded against for alleged acts of sexual harassment based on an ICC report constituted under POSH Act – Report recommended action – Show Cause Notice for termination issued under Regulation 216 of the Navy Regulations read with Section 15(2) of the Navy ...