Service Law – Age of Superannuation – Central Health Service Doctors – Amendment to FR 56(bb) – Age of superannuation stipulated as 62 years with conditional continuation up to 65 years upon exercise of option – Continuation confined to teaching, clinical, patient care, public health and advisory functions – Challenge to amendment as arbitrary and unconstitution...
Motor Vehicles Act – Injury Claim – Minor Girl – Amputation of Right Leg Below Knee – Tribunal assessed notional income at Rs.24,000 per annum and disability at 36% – Applied multiplier of 15 – Awarded Rs.8,77,000 – High Court held that minimum wages of Rs.5,750 per month prevailing in 2013 with 40% future prospects to be considered – Multiplier of 1...
Employment Contract – Restrictive Covenants – Non-Competition Clause – Section 27 Contract Act – Appeal against refusal of ad interim injunction – Clause restraining employee from joining competing business for two years post cessation – Held, once employee ceased to be in service upon resignation, post-employment non-compete clause is prima facie void under Sec...
Letters Patent Appeal – Scope of Interference – Single Judge declined to entertain writ on ground that disputed questions of title cannot be adjudicated in writ jurisdiction – Directed appellant to approach appropriate forum – Held: No error in impugned order – Observations do not conclude title – Appellant not prejudiced [Paras 11, 22].
Co-operativ...
GST Law – Assessment Order – Document Identification Number (DIN) / Reference Number (RFN) – Petitioner challenged assessment order in Form GST DRC-07 contending absence of DIN – Court held that Reference Number (RFN) auto-generated by GST portal upon digital signing is sufficient compliance – DIN/RFN generated electronically cannot be treated as absent merely because...
Limitation – Condonation of Delay – Second Appeal – Delay of 1221 Days – Appellant sought condonation on the ground that he was residing in Dubai and was unaware of the judgment of the First Appellate Court – Affidavit silent as to the date of return to India – Appellant had earlier prosecuted first appeal from Dubai by engaging counsel – Held: Mere reside...
Civil Law - Order 7 Rule 11 CPC – Scope – At stage of deciding application under Order VII Rule 11(d), Court must confine itself to averments in plaint and documents filed therewith – Defence or written statement cannot be looked into – If plaint discloses triable issues, rejection impermissible – Suit cannot be dismissed on disputed questions of fact [Paras 17-19].
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Service Law - Departmental Enquiry – Charge of Forgery – Fabrication of Medical Certificate – Appellant dismissed for allegedly submitting fabricated medical certificate to justify absence – Doctor admitted that appellant consulted him and received tablets – Letterhead and rubber stamp belonged to doctor – Disputed and undisputed signatures not conclusively comp...
Civil Suit – Declaration of Title – Burden of Proof on Plaintiff – Plaintiff sought declaration of title and injunction for Ac.0.73 cents in Sy.No.106/6 – In a suit for declaration, plaintiff must succeed on strength of his own title and not on weakness of defendants’ case – Failure to establish valid title to entire extent claimed fatal to suit [Paras 15–...
Service Law - Payment of Gratuity Act – Definition of “Employee” – Exclusion Clause – Section 2(e) – Employees holding civil posts under Central Government and governed by CCS (Pension) Rules, 1972 claimed gratuity under PG Act – Held: Exclusionary limb of Section 2(e) expressly excludes persons holding posts under Central Government and governed by any ot...