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...
Motor Accident – Compensation – Fatal Accident – Pillion rider – Widow mother of deceased filed claim for Rs.15 lakhs – Tribunal awarded Rs.23,38,000/- with 7.5% interest – Tribunal wrongly deducted ½ of income instead of correct deduction method – High Court fixed monthly income at Rs.16,000/- based on bank statement – 40% added for future pr...
Tender Law – Bid Evaluation – Technical Disqualification – Arbitrary Selection – Judicial Review – Opposite Party No.2 submitted credentials for work related to sewage pump house and wastewater treatment plant – NIT specifically required experience in “cleaning of overhead tanks/underground reservoirs by mechanical means” – Submitted work order...
Excise Law – Illegal Transportation of Liquor – Acquittal – Accused intercepted while allegedly transporting 55 cartons of country liquor without permit – Prosecution relied solely on police testimony as independent witness turned hostile – Photographer did not confirm seizure proceedings – No photographs of search or sealing of liquor bottles produced – H...
Property Law – Family Settlement – Proof – Plaintiffs claimed ownership and possession based on oral family settlement and subsequent memorandum dated 02.02.2006 – Courts below held that no oral settlement was proved and memorandum Ex.P7 did not reference any prior settlement – Held: No evidence to establish original oral partition – Memorandum of settlement dat...
Civil Procedure – Interim Injunction – Order 39 Rules 1 and 2 CPC – Rejection Justified – Plaintiff, a religious institution, sought injunction against alleged tenant to restrain reconstruction of shop – Claimed ownership via gift deed and tenancy via rent receipts – Held: No prima facie case shown – Gift deed executed in favour of another entity (Digamber...
Civil Law – Rejection of Plaint – Partition Suit – Cause of Action Disclosed – Appellant sought partition of ancestral and joint family properties – Trial court rejected plaint under Order VII Rule 11 CPC citing prior consent decree, limitation, and lack of co-ownership – Held: Plaint discloses cause of action – Questions of limitation, title, and effect o...
Civil Writ - Industrial Zoning – Use of Land in Food Processing Park – Environmental Impact – Writ Appeal Dismissed as Infructuous – Appellants challenged licence agreement (Ext.P4) issued by KINFRA in 2013 permitting R5 (Malabar Gold Pvt. Ltd.) to establish a gold manufacturing unit in Kakkancheri Food Processing Park – Held: The land was part of a general zone withi...
Civil Law – Additional Evidence – Order 41 Rule 27 CPC – Applications Must Be Decided With Appeal – Appellate Court dismissed application for additional evidence and another under Section 151 CPC during pendency of appeal – Held: As per binding precedent of Supreme Court (State of Rajasthan v. T. Sahani and K. Venkataramiah v. Seetharama Reddy), applications under Ord...
Labour Law – Reinstatement – Illegal Termination – Voluntary Resignation Not Proved – Tribunal directed reinstatement with continuity of service and 50% back wages – Employer challenged award citing alleged resignation and full and final settlement – Held: Photocopies of alleged resignation and cheque were not proved through admissible evidence – Workman d...