Industrial Law – Housing Society – Maintainability – Ex-manager filed applications under Section 33-C(2) of the ID Act and Payment of Gratuity Act – Petitioner society contended it is not an ‘industry’ or an ‘establishment’ under relevant statutes – Held: Cooperative housing society not engaged in systematic commercial activity is not an &lsquo...
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...
Civil Procedure Code – Res Judicata – Successive Suit on Same Cause – Plaintiffs claimed declaration of title and injunction over ancestral land alleging adverse possession – Earlier suit by plaintiffs' forefathers over same property dismissed and upheld up to Second Appeal – Present suit found to be between same parties over same subject matter – Held: Find...
Land Acquisition – Bangalore Development Authority Act – Lapse of Scheme under Section 27 – Substantial Implementation – Preliminary Notification issued for 1532 acres – Final Notification restricted to 750 acres – BDA took possession of 580 acres 18 guntas and formed layout carving out thousands of sites – Majority of sites allotted – Held, scheme s...
Arbitration and Conciliation Act – Section 11(6) – Institutional Arbitration – Exhaustion of Agreed Procedure Mandatory – Employment agreements contained arbitration clause providing for appointment of sole arbitrator in accordance with MCIA Rules – Respondent accepted invocation of arbitration and did not default in agreed procedure – Held: Where parties have c...
Civil Law – Declaration of Title – Burden of Proof – Plaintiffs must succeed on strength of own title – Revenue Records Not Proof of Title – Appeal Dismissed – Plaintiffs sought declaration of title over agricultural lands claiming ancestral ownership based on surname “Matam”, cist receipts and pattadar passbooks – Failed to produce any documen...
Civil Law – Framing of Issues – Will Propounded by Defendant – Mandatory Duty of Court – Plaintiff filed suit claiming ownership by natural inheritance – Defendants pleaded Will dated 16.08.1978 to defeat plaintiff’s claim – Trial Court framed general issue on entitlement to declaration but failed to frame specific issue on validity and effect of Will &nda...
Divorce - Hindu Marriage Act, 1955 – Section 13(1)(i-a) – Cruelty – Proof – Husband sought dissolution of marriage alleging cruelty on grounds of wife’s alleged extra-marital relationships, over-possiveness, abusive behaviour and mental illness – Allegations denied by wife – Held, bald allegations without cogent evidence cannot constitute cruelty – N...
Service Law – Transfer – Incident of Service – Judicial Review – Though transfer is an incident of service and ordinarily courts should not interfere – Held, interference justified where transfer is arbitrary, causes undue hardship and violates principles of good governance – Mass transfer of teachers in mid-academic session deprecated [Paras 30–32].
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Service Law – Fixed Pay Policy – Graduate and Post Graduate Teachers – Equal Pay for Equal Work – Appellants appointed through regular selection process against sanctioned permanent posts of Graduate Teachers and Post Graduate Teachers – State policy restricted payment to 75% fixed pay for first five years – Held: Once appointed against regular posts after due s...