Consumer Law - Challenge to order of NCDRC – Refund for Delay in Possession – Flat Purchaser Entitled – State Commission Order Upheld – Petitioner Builder failed to deliver flat despite investment of ₹6.5 lakhs by Respondent in 2010-2011 – State Commission ordered refund with 9% interest and compensation – NCDRC rejected delayed appeal – Writ Petition di...
Labour Law - Industrial Dispute – Reinstatement and Back Wages – Tribunal’s Award Set Aside – The Industrial Tribunal’s finding that the petitioner-workman was illegally refused employment and entitled to full back wages was based solely on the workman’s written statement, without any evidentiary basis – High Court held that the tribunal erroneously presum...
Service Law - Payment of Gratuity – Abandonment vs. Resignation – Validity of Resignation Proven – Appellant claimed that respondent abandoned service and thus was not entitled to gratuity – Held: Resignation letter dated 10.04.2013 was duly received and acknowledged by petitioner – Plea of abandonment rejected – [Paras 10-12].
Jurisdiction &ndash...
Civil Writ - Education Law - Sports Quota – Horizontal vs Vertical Reservation – Compartmentalization Upheld - Petitioner contended that sports quota should be a standalone reservation and sub-division of seats based on community within sports quota amounts to reservation within reservation which is impermissible – Held: Sports quota is a horizontal reservation, and G.O.Ms.No.231...
Civil Law - Will – Proof Requirement – Attesting Witness Not Examined – Will Held Unproved – Both courts below accepted the Will based solely on scribe’s statement – Held: Under Section 68 of the Evidence Act read with Section 63 of the Succession Act, at least one attesting witness must be examined to prove execution – Mere testimony of scribe not suffici...
Eviction – Bona Fide Requirement – Office of Advocate in Commercial Premises – Decree Upheld - Held: An Advocate's office in a commercial building attracts Section 12(1)(f) for eviction on ground of bona fide need for non-residential use – Office run from second floor of residential building with access difficulties for litigants not reasonably suitable – Landlord...
Civil Writ - Rejection of Appointment - Public Recruitment – Biometric Mismatch – Candidate’s Identity Not Disputed – Rejection Unwarranted – Petitioners' biometric data failed to match at exam exit/document verification but matched at entry – LIC rejected appointment solely based on TCS biometric report – Held: Identity not disputed, no fraud alleged ...
Civil Writ - Birth Certificate – Single Parent Registration – Claim Without Denial of Paternity – Petition Dismissed – Petitioner, though acknowledging respondent No.3 as biological father, sought issuance of birth certificate naming only herself as parent – Held: Request undermines welfare of child and attempts to mask paternity without legal basis [Paras 3–6]....
Writ - Maintainability – Second Writ Petition After Withdrawal of First Without Liberty – Barred by Constructive Res Judicata - The appellant had earlier withdrawn CWJC No.19237 of 2015 without reserving liberty to refile – The second writ petition CWJC No.19359 of 2016 challenging the same cause was rightly held not maintainable by the Single Judge – Doctrine of election a...
Civil Law - Execution Proceedings – Application under Order XXI Rule 97 CPC – Transferee Pendente Lite – Not Maintainable – Petitioner purchased suit property during pendency of litigation – Held: Transfer hit by Section 52 of the Transfer of Property Act – Executing court should have dismissed the application under Rule 97 CPC at the threshold in view of bar un...