Labour Law – Termination – Loss of Confidence – Termination Held Illegal – Reinstatement with Continuity Upheld – Industrial Tribunal found that the plea of “loss of confidence” was unsubstantiated – Termination declared illegal – Workman reinstated with continuity of service – Tribunal awarded 25% back wages – Held: Findings on ill...
Election Law – Rejection of Election Petition – Order VII Rule 11 CPC – Application for rejection of election petition on grounds of vague pleadings and lack of cause of action – Allegations included concealment of assets in Form 26, improper acceptance of nomination, and non-compliance with mandatory provisions regarding EVM/VVPAT use – Held: Petition discloses mater...
Public Trusts – Suit for Possession – Consent of Charity Commissioner – Sections 50 and 51, Bombay Public Trusts Act, 1950 – Maintainability of Suit by Trustees – Trustees, as natural legal owners of trust property, are competent to sue for recovery of possession from trespassers without prior written consent of the Charity Commissioner – Section 50 is an enabli...
Civil Writ - Temple Management – Online Darshan – Hybrid System – Petitioners sought restoration of online booking facility for darshan at Guruvayoor Temple citing hardships to elderly and differently-abled devotees – Managing Committee cited practical difficulties including ritual unpredictability and past conflicts between online and offline devotees – Held: Online ...
Service Law – Reinstatement – Notional Increment – Tribunal directed refixation of pay with notional increment for period when employee was out of service – Respondent reinstated without back wages pursuant to Labour Court order upheld by High Court – Held: In absence of specific direction for consequential benefits or notional increments, such benefits cannot be clai...
Criminal Law – Police Harassment – Herbal Hookah in Restaurant – Petitioner alleged police interference with lawful restaurant operation citing alleged sale of tobacco-laced hookah – Petitioner claimed use of only herbal substances without nicotine – Held: Police not to interfere with restaurant business unless illegal activity is found – Direction issued to pet...
Public Service Commission – Scaling of Marks – Validity of Scaling Formula in Exams with Optional Papers – RPSC adopted scaling method in optional subjects of competitive exam for Forest Services after finding wide subject-wise variation in difficulty index and mean marks – Appellants contended that scaling was not authorized under the 1962 and 2015 Rules and yielded arbitr...
Workmen’s Compensation – Liability of Insurance Company – Compensation and Interest – Deceased driver died during employment-related accident – Commissioner held both employer and insurer jointly liable for ₹8,52,160/- with 9% simple interest till award and 7% compound interest thereafter – Held: Insurer liable to pay entire compensation along with 12% interes...
Motor Accident Claims – Delay in FIR – Rejection of Claims – Set Aside – Appellants, husband and wife, injured in motorbike accident, filed claims which were dismissed by Tribunal for delay in lodging FIR – Medical records (Exhibits P7 and P10) substantiated road traffic accident – Held: Delay alone not sufficient ground to disbelieve accident – Mental ago...
Banking Law – Debit Freezing of Accounts – Suspicious Transactions – No Law Enforcement Requisition – Banks froze petitioners' accounts based on internal suspicion of large-value transactions inconsistent with declared income profiles – No directions received from law enforcement or court for account freezing – Held: Though RBI directions do not explicitly a...