Insolvency and Bankruptcy Code, 2016 – Approved Resolution Plan – Clean Slate Principle – Extinguishment of Claims – Industrial Disputes Act Proceedings – Held: All workmen claims not forming part of Resolution Plan stand extinguished – Resolution Plan approved by NCLT under Section 31 – No provision made for reinstatement, back wages or service benefits o...
Land Acquisition – Valuation of Compensation – Section 26 of 2013 Act – Highest Exemplar to be Adopted – Deed No.05821 registered before the notification under Section 4 LA Act adopted as basis for compensation – Deduction of structure value permitted – Compensation fixed at Rs.5,52,544/- per cottah – Average sale price and post-notification deeds excluded...
Forest Law – Ecologically Fragile Land – Definition under Section 2(b)(i) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 – Twin conditions required: land must be forest land contiguous to or encircled by reserved/vested forest and must predominantly support natural vegetation – Failure to satisfy either condition fatal to State’s...
Unlawful Activities (Prevention) Act – Bail – Statutory Bar under Section 43-D(5) – Appeal under Section 21(4) NIA Act – Accused No.14 alleged to be District President of PFI and actively involved in conspiracy, radicalisation, recruitment and fund raising for terrorist activities – Trial Court rejected bail holding accusations prima facie true – Held: Material ...
Hindu Law – Partition – Finality of Registered Partition – Reopening of Partition – Suit by widow and children of deceased coparcener – Challenge to registered partition deed and settlement deed executed during lifetime of deceased – Held: Partition once effected by free will and acted upon cannot be reopened unless fraud, coercion, misrepresentation or prejudic...
Service Law – Waiting/Reserve List – Nature – No Indefeasible Right – Waiting/reserve list is not an independent or perennial source of recruitment – Candidate included in reserve list has no vested or indefeasible right to appointment – Right to be considered arises only if vacancy remains unfilled due to non-joining or resignation of selected candidate and res...
Property Law – Sale of Immovable Property – Execution through Power of Attorney – Burden of Proof – Appellant claimed ownership on basis of sale deed executed by alleged power of attorney holder of original owner – Power of attorney neither produced nor proved – Held: In absence of proof of authority, sale deed cannot confer valid title on purchaser [Paras 9&nda...
Industrial Law – Stay of Proceedings – Section 10 CPC – Rejected – Petitioner-Management sought to stay individual industrial disputes before Labour Court under Section 10 CPC, pending a collective reference on the legality of a strike under the Industrial Disputes Act, 1947 – Management argued that the outcome of the collective reference would directly impact individ...
Land Acquisition – Railway Projects – Excess Compensation – Collusion Allegations – Scope of Setting Aside Awards – Award of compensation for land acquisition under Railways Act set aside by High Court on ground of excessive compensation and collusion between certain land owners and officials – Question whether such setting aside ipso facto nullifies awards of a...
Criminal Law – Murder vs. Culpable Homicide – Fratricide – Sudden Quarrel – Single Stab Injury – Accused convicted under Sections 324 and 302 IPC by Sessions Court – Evidence showed cordial relationship between accused and deceased brothers – Incident arose out of trivial dispute over tying a goat – Held: No premeditation or prior animosity – A...