Labour Law – Definition of Workman – Petitioner employed as Store-Keeper/Manager was terminated and sought relief under the Industrial Disputes Act, 1947 – Industrial Tribunal held that petitioner does not qualify as a "workman" under Section 2(s) because he was employed in a supervisory capacity and drew a salary exceeding ₹10,000 per month – High Court upheld ...
Service Law – Compassionate Appointment – Legality of Adoption – Rejection of Adoption Based on Registration Date Held Invalid – The respondent sought compassionate appointment on the demise of her adoptive father, a Railway employee – The Railways rejected her claim, arguing that the adoption deed was registered on 02.06.2017 when she was above 20 years old – H...
Family Law - Divorce – Permanent Alimony – Full and Final Settlement – Maintenance Arrears Not Included – The Court had granted a decree of divorce and awarded Rs. 50,00,000/- as permanent alimony, which was paid by the husband – The wife later filed a Miscellaneous Application seeking inclusion of maintenance arrears from Maintenance Case No. 408 of 2017 pending befo...
Simplicitor Suit for Possession – Requirement to Set Aside Sale Deeds – Suit Dismissed – The plaintiffs sought possession of land based on pre-emption rights without seeking a declaration to set aside prior sale deeds from 1978 and 1984 executed by their father, the natural guardian. The Court, relying on the Supreme Court's ruling in Murugan vs Kesava Gounder, held that the ...
Service Law – Termination on Basis of Criminal Case – Acquittal Makes Termination Illegal – The petitioner was terminated based on pending criminal proceedings, but he was acquitted by a judgment dated 30/10/2021 – The Court held that the termination was unjustified as the Education Officer ignored the acquittal order and acted arbitrarily [Paras 6-7].
Employment Law &nd...
Civil Law - Summary Suit – Unconditional Leave to Defend Required When Defence is Plausible – The High Court ruled that under Order 37 CPC, if the defendant raises a triable issue or plausible defence, unconditional leave must be granted – The trial court erred in holding the defence plausible but improbable while imposing a 50% bank guarantee requirement, contrary to Supreme Cou...
FEMA – Omission of Section 6(3)(b) – Impact on Pending Proceedings – The petitioners argued that Section 6(3)(b) of FEMA was omitted by the Finance Act, 2015, and thus, no proceedings could be initiated for alleged violations under this section – Held: Omission of a statutory provision is equivalent to repeal, attracting the application of Section 6 of the General Clauses A...
Property Law – Partition Suit – Will Validity – Second Appeal – Dismissal – Plaintiff filed a suit seeking 1/6th share in the self-acquired property of late K.V. Vengadasamy Chettiar – Defendant No. 1 claimed exclusive ownership of the suit property based on an unregistered Will dated 20.05.2000 executed by the deceased, bequeathing the property to him – S...
Negotiable Instruments Act – Dishonor of Cheque – Conviction under Section 138 – The petitioner issued a cheque for Rs. 4,90,000/- towards repayment of a loan of Rs. 4,00,000/- with accrued interest – The cheque was dishonored due to insufficient funds – Trial Court convicted the petitioner and sentenced him to six months simple imprisonment and compensation payment &...
Civil Law - Summary Suit – Failure to File Leave to Defend – Consequence of Non-Compliance – Whether Trial Court Was Justified in Decreeing the Suit – Held: Yes – The respondent filed a summary suit for recovery of ₹4,70,000, claiming that the appellant had taken a friendly loan on 05.01.2018 against a promissory note and receipt – Despite service of summons f...