Civil Writ - Society Membership – Balija Community – Eligible Applicants Denied Consideration – Appeals Allowed - Petitioners seeking membership in a community society were denied consideration despite eligibility – District Registrar directed the society to consider requests, but the society failed to act – Held: Petition maintainable, registrar’s directive val...
Civil Law – Recovery – Contract - Supply of Paddy – Breach of Milling Obligation – Agreement Not Proved – Appeal Dismissed - Plaintiff Markfed claimed recovery due to delay and deficiency in return of milled rice – Receipts of paddy supply (Ex.P6 to Ex.P10) relied upon – However, no formal agreement filed or proved – PW1 admitted agreement was ...
Civil Law - Impleadment – Deletion of Name – Order I Rule 10 CPC – Deletion Denied – Appellant impleaded as legal heir during execution but raised no objection at that stage – Later attempt to seek deletion held barred by res judicata – The Court held that once a party has been impleaded after due inquiry without objection, it is not open to them to challenge it...
Environmental Law – Contempt and Violation - NGT Jurisdiction – Penal Action under Section 26 NGT Act – Mayor Not Liable – Appeal Allowed - Supreme Court held that penal provisions of Section 26 are to be strictly construed – Appellant, the then Mayor, was not party to original NGT proceedings nor did he have executive authority to ensure compliance – Held: No v...
Civil Law - Debts Recovery – Cross-Examination – Denial of Opportunity – Tribunal Order Set Aside – The petitioner, a partner of the 1st defendant firm, contested liability for crop loans claimed by the bank and sought to cross-examine the bank’s witness – DRT rejected the application citing delay and the non-necessity of oral evidence from a bank official relyi...
Civil Writ - Rehabilitation Policy – Eligibility of Minors – Cut-off Date Under 2015 Policy – Writ Petitions Dismissed - Petitioners were denied rehabilitation on the ground of being minors as on 01.01.2015 – Appellate Authority upheld ineligibility due to non-fulfillment of age and documentary criteria – Held: The 2015 Policy mandates that applicants must have attain...
Civil Law - Succession – Proof of Will – Compliance with Section 69 of Evidence Act – Validity Upheld – The appellant challenged the exclusion of a residential plot from partition based on an unprobated Will allegedly executed by her mother – Propounder failed to produce attesting witnesses, but established their death and proved execution through scribe's testimo...
Labour Law – Termination of Employment – Reinstatement – Petitioner (Cognizant Technology Solutions Pvt. Ltd.) challenged the Appellate Authority’s order directing reinstatement of the 2nd Respondent (Sivakumar Krishnamurthy) – Authority found the termination was not for a reasonable cause and amounted to punitive action – No domestic enquiry conducted as mandat...
Civil Writ - Service Law - Disciplinary Proceedings – Disagreement with Inquiry Officer – Show Cause Notice Deficient – Punishment Quashed - Petitioner was exonerated by the Inquiry Officer on charges related to supervision of school building construction – Disciplinary Authority disagreed and imposed minor penalty without stating reasons in show cause notice – Held: ...
Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...