Service Law – Terminal Benefits – Right to Gratuity – Delay in Payment – Liability of Employer – Withholding of terminal dues of retired employees on ground that PACS had not remitted its share to DCCB – Petitioners, all senior citizens, rendered unblemished service and retired between 2009 and 2013 – Held: Right to gratuity is a statutory and enforceable ...
Customs Law – Duty Drawback – Interest on Delayed Payment – Entitlement from Date of Original Claim – Interpretation of Section 75A of Customs Act – Petitioner sought interest on delayed drawback for exports made in 1992–94 – Original claim filed on 12.12.1994 for conversion of DEEC shipping bills into drawback shipping bills – Despite protracted del...
Civil Law – Order XVIII CPC – Right to Begin – Plaintiffs filed memo stating they had no evidence at present and reserved right to lead rebuttal evidence – Trial Court accepted memo and called upon defendant to lead evidence – Held: Improper exercise of discretion – Under Order XVIII Rule 1 and 3 CPC, plaintiffs must lead evidence on all issues where burden lies...
Stamp Act – Impounding of Unstamped Documents – Trial Court's Refusal Set Aside – Petitioners produced original documents pursuant to Trial Court’s earlier order dated 29.03.2011 below Exh.116 – Application to send such documents to the Collector under Stamp Act was rejected citing delay – Held: No time limit was prescribed for submission – Once origin...
Judicial Officers – Disciplinary Proceedings – Bail Order – Alleged Extraneous Motive – Charge of Misconduct – NDPS Act – Section 167(2) Cr.P.C. – Rule 16, CCA Rules, 1958 – Officer dismissed for allegedly granting bail to accused under NDPS Act with oblique motive upon change of advocate – Enquiry Officer held charge proved – Full Court ...
Banking Law – Guarantee and Mortgage by Power Agent – Co-extensive Liability – Power of Attorney – Respondent No. 7 executed General Power of Attorney in favour of wife authorising her to mortgage, guarantee and receive consideration – Power agent executed mortgage in favour of Axis Bank to secure loan granted to borrowers (Respondents 1–6) – Upon default,...
Civil Law – Ownership and Possession – Adverse Possession – Article 65, Limitation Act, 1963 – Plaintiff inherited property from her deceased husband – Defendant, plaintiff’s sister, claimed ownership based on alleged gift and alternatively adverse possession since 1971 – Mutation Entry No.49 showing defendant’s name cancelled in 1984 after inquiry r...
Election Law – Rejection of Nomination – Writ Jurisdiction – Bar under Article 329(b) – Maintainability – Petitioners challenged rejection of nomination papers for 2025 Bihar Assembly Elections under Article 226 – Allegations of denial of natural justice and arbitrary rejection of caste certificate – Held: Once election process begins, remedy lies only in ...
Banking Law – One Time Settlement (OTS) – Judicial Review under Article 226 – Commercial Discretion of Bank – Petitioner, guarantor of defaulting borrower, challenged rejection of OTS proposal and sought mandamus to direct the bank to disclose benchmarks and accept settlement—Held: No borrower or guarantor can claim OTS as a matter of right—OTS being a policy-ba...
Civil Law – Mesne Profits – Maintainability of Subsequent Proceedings – Decree Silent – Separate Application Permissible – Plaintiffs had sought inquiry into future mesne profits in original possession suit – Trial Court's decree was silent – Subsequent application under Section 152 CPC for correction was dismissed – Civil Revision Application al...