Motor Vehicles Act, 1988 – Insurance Company – Right to Contest Claim – Quantum of Compensation – Issue whether insurer, when impleaded as a party-respondent in a claim petition, can challenge the award on all available grounds including quantum without restriction to Section 149(2) – Held: Once insurer is impleaded as a party, it is entitled to contest the claim on a...
Service Law – Misconduct – Impersonation and Use of Bogus Educational Certificate – Departmental Punishment – Workman initially engaged as contract labour and later absorbed as Helper – Disciplinary proceedings revealed impersonation of brother and use of forged educational certificate to secure employment – After domestic enquiry, workman dismissed from service...
Arbitration and Conciliation Act, 1996 – Section 9 – Ad-interim Mandatory Injunction – “Status quo ante” direction restoring earlier state of affairs – Special Judge directed parties to “maintain status quo ante as on the date of filing of Section 9 petition” without recording reasons – Held: such ad-interim mandatory injunction cannot be grant...
Civil Law – Dismissal for Default – Conditional Restoration – Appeal dismissed for non-prosecution – High Court restored appeal subject to deposit of costs within stipulated time – Failure to deposit costs within time resulted in refusal to process restoration – Subsequent deposit made belatedly without leave of Court – Recall application rejected – ...
Service Law – Army Pension – Dismissal by Court Martial – Forfeiture of Pension – Distinction between Commissioned Officers and JCOs – Respondent, a Junior Commissioned Officer (JCO), dismissed from service in 1967 pursuant to General Court Martial – No specific order passed at the time of dismissal regarding forfeiture of pensionary benefits – Armed Force...
Arbitration Law - Arbitration and Conciliation Act, 1996 – Section 34 – Withdrawal of petitions – Revival by Supreme Court – Land owners whose lands were acquired under the National Highways Act, 1956 had withdrawn their Section 34 petitions following High Court judgment declaring Sections 3G and 3J unconstitutional – Supreme Court subsequently stayed the High Court j...
Education Law – Kendriya Vidyalaya Sangathan – Parent Teachers Association – Occupation of School Premises – Plying of Buses – Learned Single Judge permitted Parent Teachers Associations / Parents Welfare Associations to continue occupation of school premises and operate transport facilities – Directions issued without reference to statutory provisions – A...
Motor Vehicles Act – Appeal by Insurance Company – Challenge to award passed by Motor Accident Claims Tribunal – Grounds of invalid driving licence and non-coverage of deceased labourer under insurance policy – Tribunal after appreciation of evidence held driver possessed valid driving licence – Document relied upon by insurer found doubtful – Photocopy of licen...
Tenancy Law - Cultivating Tenants Protection – Fixation of Arrears – Jurisdiction of Revenue Court – Tenant filed petition only seeking permission to deposit rent – Despite memo not pressing the petition, Revenue Court unilaterally determined arrears of Rs.93,418/- based on market value of paddy and revenue reports – Held, fixation of fair rent can be done only by the...
Review Jurisdiction – Scope and Limitations – Error Apparent on Face of Record – Review under Section 114 read with Order XLVII Rule 1 CPC maintainable only on discovery of new evidence, error apparent on face of record or analogous grounds – Review not an appeal in disguise – Re-appreciation of facts or re-argument on merits impermissible – Settled principles r...