Provident Fund – Applicability – Section 16(1)(d) EPF Act – Infancy Protection – Granted – Authorities held petitioner firm to be a partitioned unit of Punjab Engineering Works and denied infancy benefit – Held: Durga Engineering Works, established on 03.05.1994, was a new and independent unit with separate machinery, workforce, and business distinct from Punjab...
Taxation Law - GST Search – Advocate’s Office – Attorney–Client Privilege – Seizure of CPU – Safeguards Imposed – The petitioner, an advocate, challenged the search and seizure conducted at his office by the GST Department, including the seizure of his CPU containing confidential client data. The Court emphasised that an advocate’s office enjoys prot...
Waterlogging of Educational Institution – Suo Motu PIL – Breach of Agricultural Bund – District Collector’s Duty – Pursuant to the letter of students and teachers, Court initiated suo motu PIL – District Collector convened joint meetings of authorities and initiated dewatering, sanitation, and safety measures – Ad hoc committee formed to continue under Col...
Consumer Law - Medical Negligence – Scope of Pleadings – Consumer Fora Jurisdiction – Complaint alleged negligence only in post-delivery treatment – NCDRC held negligence in antenatal care despite no such pleading – Held: Fora cannot build a new case for complainant; decision must rest within pleadings [Paras 26-30].
Medical Negligence – Expert Opinion &ndash...
Labour Law - Unfair Labour Practice – Pump Operators – Regularization – Workmen employed for decades in perennial duties of water supply through contractors – Corporation itself admitted essential and continuous nature of work – Failure to issue termination letters or contractor licences under CLRA Act – Held: Corporation guilty of unfair labour practice under I...
Stamp Duty – Section 45-A, Karnataka Stamps Act, 1957 – Undervaluation – Deficit duty of Rs.12,42,975/- with cess and deficit registration fee demanded – Petitioners contended property purchased under 2004 agreement, possession delivered in 2007, sale deed executed in 2017 – Respondent No.3 ordered deficit duty after spot inspection – Appeal filed with delay bef...
Civil Law - Ex Parte Proceedings – Application to Set Aside – Order 9 Rule 7 CPC – Trial Court imposed condition of Rs.25,000/- for permitting cross-examination of PW1 – Defendants failed to comply, application dismissed – Held: Conditional costs excessive – Opportunity must be given to defend case – Conditional order modified to Rs.5,000/- [Paras 5-9].
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Matrimonial Law – Divorce – Admissibility of Electronic Evidence – Section 14 of Family Courts Act – WhatsApp Chats Admissible – The petitioner/wife challenged the Family Court’s order permitting the husband to mark WhatsApp chats as evidence alleging violation of her right to privacy – Held: Under Section 14 of Family Courts Act, Family Courts are n...
Family Law - Divorce – Cruelty & Desertion – Section 13(1)(ia) & (ib) Hindu Marriage Act – Irretrievable Breakdown – Marriage dissolved – Appellant sought divorce alleging cruelty and desertion—Trial Court dismissed citing wife’s dowry complaint and suppression of earlier restitution proceedings—Appellant and family later acquitted in crimina...
Expunction of Adverse Remarks – Counsel’s duty of candour – Article 136 – Remarks Expunged – High Court, while deciding W.P. No. 6228 of 2022, recorded displeasure at the conduct of counsel (appellant) for not disclosing that the constitutional validity of amended Rule 6 (upheld in W.P. No. 18699/2020) had not been overturned – Appellant tendered unconditional a...