Land Acquisition Compensation – Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Solatium and Interest – Applicability of Tarsem Singh Judgment – Benefits Granted - Petitioners whose lands were acquired under the National Highways Act were denied statutory benefits of solatium and interest by the Arbitrator – Relying on the binding precedent in Tarsem Singh, th...
Service Law - Termination of Employee – Transfer Order and Non-Compliance – Justification Required – The employee challenged his transfer and did not join at the transferred location, leading to termination – Tribunal held the termination illegal for lack of inquiry – Held: Non-compliance with the transfer order cannot justify dismissal without conducting a dome...
Limitation Law - Second Appeal – Delay in Refiling – Vague Justification – Condonation Rejected – An application under Section 151 CPC seeking condonation of 800 days delay in refiling the appeal was dismissed – Held: The explanation given was vague, generic, and did not constitute sufficient cause – Delay of each day must be explained in law [Paras 1–4].
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Labour Law - Employment Termination – Abandonment of Job – Long Unauthorized Absence – Reinstatement Set Aside – The workman went on ex-India leave and remained absent beyond sanctioned period, followed by repeated spells of unauthorized absence despite notice by the employer – Labour Court treated it as wrongful termination due to lack of enquiry – Held: Facts ...
Civil Law – Retiral Benefits - Legal Heirship – Entitlement to Death Benefits – Declaration in SOP – Held Valid – The petitioner was declared as legal heir of the deceased teacher by a competent civil court, and such finding attained finality – The respondents’ failure to disburse benefits on grounds of memory-based data and lost service register was held ...
Civil law – Mark Unregistered Agreement of Sale – Admissibility under Section 49 of the Registration Act – Appeal Allowed – The appellant sought to mark a document dated 01.01.2000 in a suit for specific performance – Trial Court and High Court rejected the plea on the ground that the document was unstamped and unregistered – Held: The proviso to Section 49 of t...
Excise Duty – Re-classification of Products – Violation of Natural Justice – Appeal against CESTAT order upholding re-classification of Benzene and Toluene from Chapter 29 to Chapter 27 based on test reports not furnished to the appellant – Held: Only gist of test reports communicated through show-cause notices insufficient – Full test reports must be provided under R...
Matrimonial Law - Permanent Alimony – Absence of Application or Evidence – Decree Set Aside – Appellant challenged the Family Court’s direction to pay ₹70 lakhs as permanent alimony despite absence of written or oral application by wife under Section 25 HMA – High Court held that permanent alimony, though discretionary and equitable, must be supported by pleadings, ...
Land Acquisition – Valuation – 2013 Act to Apply Despite 1894 Initiation – Compensation Recalculated – Although reference was made under Section 18 of the 1894 Act, since no award had been made when the 2013 Act came into force, the provisions of the 2013 Act applied as per Section 24(1)(a) – Held: Market value to be assessed as per highest pre-notification sale deed ...
Civil Law – Injunction - Personality and Publicity Rights – Unauthorized Use of Celebrity Name – Interim Injunction Upheld – Respondent No.1, a well-known filmmaker and media personality, sought to restrain the Appellant from using his name “Karan Johar” in the title and promotional content of a film without consent – The Court found prima facie that the A...