Service Law - Termination of Contractual Employees – Participation in Protest – Order Quashed - Petitioners were disengaged from Class-IV contractual posts for alleged participation in protest without permission – Court held that the discharge orders lacked due process, including opportunity of hearing or show cause – Termination held unsustainable [Paras 1–6, 14&ndas...
Tenancy Law - Thika Tenancy – Interpretation of Documentary Evidence – Declaration of Thika Tenancy Upheld – The plaintiffs claimed rights as thika tenants over a property comprising 21 rooms based on tenancy of their predecessor Khalil Choudhury – Defendants claimed ownership by purchase deeds and will – Trial Court dismissed suit holding Khalil was not a thika tenan...
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, ...