Motor Accident Claim – Compensation – Income Assessment – Appeal Allowed – Deceased with diploma in pharmacy engaged in distributorship and cooperative bank activities – Tribunal fixed monthly income at Rs.6,000/-, High Court reduced to Rs.5,500/- without reasons – Held: Unjustified – Considering overall circumstances, monthly income reasonably fixed at Rs...
Property Law – Declaratory Relief – Section 34 Specific Relief Act – Appeal Dismissed – Plaintiff relied on sale deed (150 sq.m); trial and first appellate courts dismissed suit citing discrepancies in revenue records (109.70 sq.m) and manure/waste presence – High Court reversed, holding findings perverse – SC upheld High Court: mere dumping waste cannot establi...
Service Law - Reserved Category Migration – Standing Orders 78 & 85 – Revised Directive No. 29 – DoPT OMs – Two Appeals – Reserved candidates who availed relaxation in age/physical measurements sought migration to UR vacancies – High Courts allowed – Held: Standing Order 85 (Clause 14(f)) bars such migration, overrides Standing Order 78 – D...
Tenancy Law – Karnataka Rent Act – Eviction – Landlord-Tenant Relationship Dispute – Sections 27(2)(a),(e),(g),(o) and 43 – Appeal Allowed – Landlord filed eviction; Rent Controller allowed based on rent receipts; HC reversed citing lack of proof of ownership – Held: Rent Controller rightly proceeded once rent receipts acknowledged; title dispute out...
Tender Law – NIT Clauses 5(D) & 5(B) – JV Agreement – Appeal Partly Allowed – Appellant disqualified for not submitting JV agreement though submitted work execution certificate confirming 45% share in prior consortium – High Court upheld disqualification and also held appellant lacked spare washery capacity – Held: Clause 5(D) did not mandate JV agreement it...
Railway Service Law - Railways Recruitment & Training – SSE – Master Circular No.29 – Training-end Written Test Mandatory – Appeal Allowed in Part – RRB Employment Notice required training; Master Circular/Manual mandated qualifying written test at the end of initial training and warned retention depends on passing the test – Respondent completed 46 of 52 we...
Insolvency & Bankruptcy Code (IBC) – Homebuyers’ Claims – Resolution Plan – Appeal Allowed – Appellants booked flat in 2010, paid nearly entire consideration; Corporate Debtor (IREO) went into CIRP; claim submitted and admitted by Resolution Professional – NCLT and NCLAT held claim was belated, granted only 50% refund – Held: Once claim is verified and...
Service Law – Reservation in Recruitment – Migration of Reserved Candidates to General Category – Age Relaxation – Bar under Office Memorandum dated 01.07.1998 – High Court’s Direction Set Aside – OBC candidates who availed age relaxation sought appointment in unreserved seats based on higher merit than last selected general candidate – High Court pe...
Agreement to Sell – Suit for Mandatory Injunction Instead of Specific Performance – Maintainability – Appeal Dismissed – Appellant relied on agreement to sell dated 24.12.2008 (Ex.P1) and claimed to have paid ₹24,00,000/- – Both Courts below found suit misconceived since relief ought to have been one for specific performance, not mandatory injunction – Further...
Section 125 of the Electricity Act - Change in Law – Pro rata allocation of coal – Sections 62 & 63, Electricity Act – Appeals dismissed – Challenge to APTEL order upholding CERC’s direction that coal supplied under firm and tapering linkage is for the station as a whole and costs of alternate coal (import/open market) due to shortfall be apportioned pro rata base...