Negotiable Instruments – Section 145 – Affidavit Evidence – Interpretation – Whether deponent who has filed evidence by affidavit can be summoned again for examination-in-chief under Section 145(2) – Held: Section 145(2) is mandatory only to the extent that the witness can be summoned for cross-examination – Where cross-examination has already taken place, fresh...
Motor Accident Claim – Compensation – Permanent Disability – Future Loss of Earnings – Appellant, a final-year engineering student, suffered 70% permanent disability due to serious injuries including amputation, vision loss, and brain damage – Held: Tribunal and High Court erred in awarding inadequate compensation without applying multiplier method – Supreme Cou...
Motor Accident – Compensation – Loss of Future Earning – Appellant, a 30-year-old painter, sustained fractures in both wrists and was assessed with 20% permanent disability of the whole body – High Court enhanced compensation to ₹72,000 but denied claim for loss of future income citing lack of documentary evidence – Held: High Court erred in not awarding any amount ...
Writ Jurisdiction – Maintainability – Statutory Remedy – Writ petition under Article 226 filed against order of the Appellate Tribunal refusing waiver of pre-deposit of penalty – High Court dismissed petition for lack of territorial jurisdiction – Supreme Court held writ petition was not maintainable as statutory appeal under Section 35 of FEMA was available – H...
Constitutional Law – Power of High Court – Direction for CBI Investigation – Limits of Jurisdiction – High Court, while hearing an intra-court appeal against a Single Judge’s order in recruitment matters, converted the appeal into suo motu PIL and directed CBI to conduct a preliminary inquiry – Held: High Court exceeded its jurisdiction – Exercise of power...
Service Law – Departmental Enquiry – Natural Justice – Respondent, an Executive Engineer in PWD, was removed from service based on inquiry reports without being provided copies of documents relied on in the charge sheet – Held: Mandatory requirement under Rule 7(5) of the 1999 Rules to supply relevant documents not complied with – Denial of documents constituted denia...
Judicial Service – Eligibility Criteria – Basic Computer Knowledge – Appellant participated in selection for Civil Judge (Junior Division) under the Uttaranchal Judicial Service Rules, 2005 – Though successful in written and viva voce exams, he was not selected for lack of basic knowledge in computer operation – Held: Requirement of basic computer knowledge is part of...
Service Law – Recruitment – Cancellation and Re-Test – Irregularities in Examination – Appellants challenged High Court’s order directing appointments based on first written test despite Railway Board’s decision to hold re-test due to large-scale malpractices – Vigilance and CBI reports revealed serious irregularities including impersonation, mass copying ...
Service Law – Recruitment to Public Posts – Writ Jurisdiction – Maintainability – Dispute relating to recruitment of Graduate Primary Teachers in Karnataka – Challenge raised by married women candidates regarding rejection of caste-cum-income certificates issued in the name of parents instead of husbands – Held: High Court erred in entertaining writ petitions di...
Banking Law – Priority of Secured Creditors – Sections 26E SARFAESI Act and 31B RDB Act – Mortgage created in 2011 by borrower in favour of petitioner bank – Subsequent attachment of same property by SDM, Jaunpur in 2015 for recovery of dues of Food and Civil Supply Department – Held: Illegal – Statutory charge of secured creditor has overriding effect – S...