Writ - Service Law – Dismissal from Cooperative Society – Disciplinary Proceedings – Principles of Natural Justice Complied – The petitioner, Secretary of Sadhan Sahkari Samiti, was dismissed after findings of financial embezzlement – Earlier dismissal was set aside for violation of natural justice but directions were issued to conduct fresh inquiry after supplying do...
Devaswom Tender Conditions – Sub-letting and Encroachment by Kuthaka Holder – Breach of Tender Terms – Disciplinary Directions Issued - The Court considered suo motu proceedings initiated based on a report of unauthorised sub-letting and excess land occupation by the 7th respondent (kuthaka holder) in Stall No.113 at Pamba Manappuram – The 7th respondent failed to disclose ...
Writ – Tenancy Law - Mutation Entries – Delay in Challenge – Jurisdictional Defect – RTS Appeal Filed after 33 Years Without Condonation – Order of SDO Cancelled – Court held that challenge to Mutation Entry No.1201 dated 14.07.1962 by Gaikar family after lapse of 33 years without condonation of delay rendered the entire proceedings before SDO void ab initio &nd...
Civil Writ - Service Law – Recruitment – Minimum Qualifying Speed in Shorthand Test – Rule 10 of 1986 Rules – Petition Dismissed - Petitioner applied for Stenographer Grade-III post under PH category, secured 121.142 marks including shorthand, speed and efficiency tests – Failed to meet mandatory speed of 70 WPM in Hindi shorthand test (secured only 50.167 WPM) &ndash...
Civil Law - Injunction Suit – Co-sharers in Joint Land – No Obstruction or Illegal Construction Proved – Appeal Dismissed – Plaintiff, a co-sharer, filed suit for injunction alleging defendants were raising construction on valuable land near main road during pending partition proceedings – Trial Court and First Appellate Court found construction was completed lo...
Civil Law - Dismissal of Injunction Suit – Title Disputed – Amendment for Declaration Rejected – Appeal Dismissed – Plaintiff’s suit for permanent injunction over vacant land was dismissed by trial and first appellate courts on the ground that the documents relied upon were fabricated and did not establish clear title – Plaintiff’s application to ame...
Employment Law - Employees’ Compensation – Section 3 of the Employees’ Compensation Act, 1923 - Section 51E, 51C, 2(8), 46, and 53 of the Employees’ State Insurance Act - Commute-Related Death – Deemed Employment Injury – Deceased watchman met with a fatal accident while riding to work at 3 a.m. – High Court held that the accident did not occur d...
Cricket Ban - Section 15(4)(s) of the Bye-laws of the Kerala Cricket Association - Cricket Administration – Ombudsman Proceedings – Non-Impleadment of District Associations – Proceedings Revived – The appellant, a former Ranji player, filed an application before the Ombudsman seeking implementation of model bye-laws across district units – The application was dismisse...
Motor Accident Claim – Contributory Negligence – Rule 231 of the Road Regulation Rules, 1989 – Liability Reapportioned – The appellant, an engineering student, suffered amputation of his leg following a motor accident caused by sudden braking of a car, followed by a bus running him over – The Tribunal fixed 20% negligence on the appellant and 80% on the bus driver &nd...
Civil Law – Partition and Possession – Second Appeal - No Substantial Question of Law – Appeal Dismissed – The appellant challenged the concurrent findings of both the Trial Court and the First Appellate Court granting partition and separate possession of ½ share to the respondent/plaintiff – The Courts below based findings on admitted facts and evidence, inclu...