Co-operative Societies – Election Disqualification – Default in Other Society – Not Automatic – Disqualification under Section 29C(1)(a) of Karnataka Co-operative Societies Act applies even to persons seeking election and not just those already elected – However, the disqualification is not automatic – Held: A person cannot be disqualified solely based on an all...
Motor Accident – Compensation – Enhancement of Award – Claimant, a government employee, sustained grievous injuries including facial disfigurement and loss of teeth in a motor vehicle accident involving a Tata Truck – Tribunal awarded Rs. 1,27,160/- but granted only Rs. 2,160/- towards medical expenses despite documentary evidence of higher costs – On appeal, High Cou...
Service Law – Refixation of Pay – Retrospective Promotion – Re-option for Pay Revisions – Retired Administrative Assistant granted retrospective promotion to Upper Division Clerk w.e.f. 01.11.1971 – Re-option request for 1973, 1978 and 1983 pay revisions rejected as delayed – Tribunal found re-option inadmissible due to absence of retrospective revision in pay s...
Motor Vehicles – Compensation – Fatal Accident – Reassessment of Income – Deceased died in road accident due to negligent driving of bus which deviated from its permitted route – Tribunal awarded compensation of Rs. 18.86 lakhs based on notional income of Rs. 8,000/month – High Court reassessed income at Rs. 15,750/month with 40% future prospects, applying multi...
Practice and Procedure – Adverse Remarks Against Counsel – Modification of Order – Supreme Court had imposed Rs. 2 lakh costs and made adverse observations against State Election Commission’s counsel for persistent insistence despite repeated disinclination expressed by the Bench – Counsel filed Miscellaneous Application seeking expungement and waiver of cost – ...
Civil Procedure Code – Order 7 Rule 11(d) – Limitation – Mutation proceedings – Possession based on title – Suit for declaration and possession not ex facie barred where mutation proceedings culminated in 2017 and suit filed within three years – Limitation for possession 12 years under Article 65 – Declaratory right continuing – Rejection of plaint u...
Civil Law - Partition – Family Arrangement – Relinquishment of Share – Plaintiff claimed joint allotment in ancestral property along with her brothers under 1981 partition deed – Trial Court granted her 1/12th share – On appeal, High Court held that plaintiff and her mother had explicitly relinquished their share in favour of defendants 1 and 2 under Ex-B.34, the regi...
Civil Law – Title and Possession – Declaration and Recovery – Plaintiffs filed suit claiming title to Ava lands in Timmapuram village alleging wrongful classification as tank poramboke during 1960 survey – Defendants contended that land vested in Government post-abolition of Pithapuram Estate and was leased to Sanghams in 1976 – Trial Court decreed suit granting decla...
Civil Procedure Law – Execution of Decree – Power of Attorney – Validity of Execution Application Signed by Agent – Held Valid – Judgment-debtors challenged maintainability of execution application signed by decree-holder’s father acting as power of attorney – Contended POA was only for trial, not execution – Court held Rule 11(2) of Order XXI CPC al...
Civil Law - Telegraph Act – Compensation for Land Damage – Finality of District Judge's Decision – Appeals were filed by farmers challenging judgments passed under Section 16(3) of the Indian Telegraph Act, 1885 awarding compensation for damage caused by installation of transmission lines – High Court held that under Section 16(5), such decisions are statutorily final &...