Service Law - Public Employment – Persons with Disabilities – Denial of Appointment – Appellant applied under Visually Handicapped category pursuant to 2019 recruitment by Coal India Limited – Declared medically unfit on ground of multiple disabilities – Single Judge quashed medical unfitness and granted relief for subsequent recruitment – Division Bench reverse...
Service Law – Disciplinary Proceedings – Post-Retirement Action – Jurisdiction – Petitioner voluntarily retired w.e.f. 20.01.2003 – Charge memo issued on 26.08.2003 after cessation of employer-employee relationship – Held: Disciplinary proceedings can be continued after retirement only if initiated prior to retirement – Proceedings initiated after retireme...
Hindu Law – Maintenance of Dependants – Widowed Daughter-in-Law – Section 21(vii), Hindu Adoptions and Maintenance Act, 1956 – Respondent became widow after the death of her father-in-law – Family Court dismissed maintenance petition as not maintainable – High Court reversed and held petition maintainable – Supreme Court affirmed – Held: Expression &...
Consumer Law – Execution Proceedings – Liability of Directors and Promoters – Consumer complaints admitted only against company – Directors/promoters not proceeded against at adjudicatory stage – No notice issued, no pleadings, no findings recorded against them – Held: Execution must strictly conform to the decree – Persons against whom no adjudication of ...
Family Pension – Divorced Daughter – Eligibility – Dependency – Original applicant sought family pension as divorced daughter of deceased railway employee – Tribunal directed grant of family pension – Union of India challenged the order – Held, object of family pension is to provide financial support to dependent family members – Dependency is a ques...
Service Law – Government Employment – Suppression of Criminal Antecedents – Cancellation of Appointment – Respondent selected as Sahayak Samiksha Adhikari – Required to disclose pendency of criminal cases in attestation and verification forms – Respondent answered in the negative despite two criminal cases pending against him – Held: Proper and complete di...
Motor Vehicles Act – Compensation – Enhancement – Scope of Appeal under Section 173 – Appellants challenged award of Tribunal only on quantum – Negligence and liability not disputed – Appeal confined to reassessment of just compensation – High Court entitled to interfere where Tribunal ignored material evidence on record [Paras 1, 6].
Motor Accident Cla...
Civil Law – Abatement of Appeal – Non-substitution of one legal heir – Estate sufficiently represented – No abatement – Vendor Kishorilal died during pendency of first appeal – All four legal heirs initially substituted – One heir (Murarilal) subsequently died – Remaining three legal heirs and transferees lis pendens continued on record – Held:...
Writ Jurisdiction – Article 226/227 – Disputed Questions of Fact – Insurance Coverage Dispute – Where adjudication requires examination of terms of master insurance policy and factual issues of deficiency in service – High Court ought not to exercise writ jurisdiction – Remedy lies before Consumer Forum [Paras 5, 7].
Home Loan – Loan Linked Insurance &n...
Taxation Law - Income Tax – Penalty – Immunity under Section 270AA – Mandatory Nature – Assessee applied for immunity from penalty under Section 270AA after issuance of notice under Section 270A – Rectification under Section 154 allowed subsequently resulting in nil tax demand – Held: Section 270AA(3) is couched in mandatory terms – Once statutory conditio...