Employment Law – Termination for Poor Performance – Stigmatic Dismissal – The appellant, a former employee of Marriott Hotels, was terminated for allegedly failing to meet minimum performance standards. The Labour Court had ordered reinstatement with 40% back wages, but the learned Single Judge replaced this with three years' salary compensation. The High Court held that the ...
Amendment of Written Statement – Court’s Discretion – The petitioner sought to amend the written statement to include an additional plea related to a prior agreement to sell and its subsequent cancellation – Trial Court rejected the application – High Court allowed the amendment, emphasizing that it would not change the nature of the defense or cause prejudice to the ...
Challenging the fixation of cut-off marks - Recruitment Process – Fixation of Cut-Off Marks – Discretion of Recruiting Authority – The appeal questioned whether cut-off marks for music teacher recruitment should consider marks from Part I of CBT along with Parts II and III – The Appellants contended that only Parts II and III should be considered as per Clause 8.6 of the re...
Service Law – Judicial Interference in Disciplinary Proceedings – Charge-Sheet Not a Punishment – Writ Petition Dismissed – Petitioner challenged the charge-sheet on the ground that he played no role in preparing the DPR and was relieved before the Revised Technical Sanction was granted – High-Level Inquiry Committee found that the collapse of the bridge was due to fa...
Civil Law - Specific Performance – Prima Facie Case – Insufficient Evidence – Temporary Injunction Denied - Plaintiffs sought specific performance for agreements involving flats under a Joint Development Agreement (JDA) but failed to demonstrate a prima facie case. The discrepancies between the property descriptions in the agreements and the plaint schedules, coupled with unverif...
Specific Relief – Possession under Section 6 – Requirement of Settled Possession – Suit Dismissed – The respondent/plaintiff filed a suit under Section 6 of the Specific Relief Act, claiming illegal dispossession by the petitioner from two rooms on the ground floor of the suit property – High Court held that the respondent failed to prove settled physical possession o...
Civil Writ - Village Panchayats – No-Confidence Motion – Protection Under Proviso (4) to Section 35(2) – Whether Applicable to Sarpanch as a Post or to an Individual – Petitioner challenged the no-confidence motion initiated within two years of her election as Sarpanch, arguing that the statutory protection is personal and applies to all Sarpanches irrespective of their seq...
Contempt of Court – Alleged Interference in Appointment of Workers – Violation of Court Orders Not Established – Appeal against an order holding officers of the Southern Power Distribution Company of Andhra Pradesh Limited guilty of contempt for allegedly interfering with the appointment of a second operator – The High Court observed that the appellants’ actions were ...
Motor Accident Compensation – Reduction of Compensation by High Court – Justifiability – The Tribunal awarded compensation of ₹58,24,000 for the father and ₹93,61,000 for the mother of the appellants—The High Court drastically reduced these amounts to ₹26,68,600 and ₹19,22,680 respectively—Held: The reduction was unjustified as it overlooked the principles of ...
Arbitration – Challenge to Award – Scope of Interference under Sections 34 and 37 of Arbitration Act – The appellant challenged an arbitral award granting compensation to the respondent for project delays and related claims – Held: The Court’s jurisdiction under Section 37 is limited and does not permit reappreciation of evidence – The Arbitral Tribunal’s ...