Electricity Act - Facts – Appellants (distribution licensees) challenged APTEL’s decision which had set aside State Commission’s order dated 1st December 2016 determining Cross-Subsidy Surcharge (CSS) for open access industrial consumers in Rajasthan – Respondents were industrial units sourcing electricity through open access – State Commission determined CSS based on...
Labour Law - Employees’ Compensation – Functional vs. Physical Disability – Liberal Interpretation – Compensation Enhanced – Appellant suffered multiple finger amputations in dominant hand while operating a forging machine – High Court restricted disability to 34% based on Schedule I – Supreme Court held that when multiple fingers are injured, functional i...
Motor Vehicle Accident Claim – Contributory Negligence – Equal Apportionment – Modified – The High Court had found 70% negligence on the deceased car driver based on FIR and sketch evidence – The Supreme Court found FIR unreliable as it was based solely on the lorry driver’s version and no further investigation was conducted – Statement of PW-1 under Secti...
Civil Law - Competing Wills – Registered vs. Unregistered – Suspicious Circumstances – Registered Will Upheld – Plaintiffs relied on registered Will dated 09.06.2000, proved through attesting witness and scribe's record – Defendant relied on unregistered Will dated 07.08.2004 – High Court held that propounder failed to explain suspicious circumstances includ...
Waqf Law – Jurisdiction Over Waqf Property – Commission of Inquiry Lacks Authority – Writ Petitions Allowed – Petitioners challenged the Kerala Government’s order appointing a Commission of Inquiry under the Commissions of Inquiry Act, 1952, to investigate ownership claims over a property declared as waqf – Held: Waqf Board has exclusive jurisdiction to determin...
Railway Accident Claims – Burden to Prove Bona Fide Travel – Claim Rejected – Appeal Dismissed - The appellant claimed compensation for death of his son allegedly caused by falling from Train No. 12506 (North East Express) near Banhai Station – Tribunal found no eyewitnesses or evidence of ticket purchase or boarding – Held: Without proof of bona fide travel or untowa...
Civil Writ - Service Law - Retiral Benefits – Withholding Due to Pending Criminal Proceedings – Criminal Case Abated – No Disciplinary Action Initiated – Held Arbitrary - The deceased teacher was accused of misappropriating ₹4,00,000 but no disciplinary proceeding was initiated and the criminal case abated due to his death – Held: Retiral benefits cannot be withheld...
Income Tax Law - Business Loss and Commercial Expediency – Deduction for Expenditure on Group Company – Permitted – Appellant incurred Rs.200.47 lakh in deposits and interest and Rs.49.18 lakh as expenses in connection with its group company MMC – Court held that these were for commercial expediency to protect reputation and business continuity – Following earlier dec...
Civil Law - Minor’s Property – Sale Without Court Permission – Sale Partly Void – Plaintiffs, minors at the time of the sale, challenged the sale deed executed by their father without court permission for their undivided 2/3rd share in inherited property – Held: As per Section 8 of the Hindu Minority and Guardianship Act, such alienation without court sanction is void...
Civil Law - Specific Relief – Restoration of Possession – Possession Proven – Ownership Irrelevant – Trial Court rightly decreed suit under Section 6 where plaintiffs (widow and children of deceased son) proved possession and illegal dispossession – Held: Title is immaterial under Section 6 – Possession alone suffices, and oral family settlement defence lacked c...