Service Law – Age of Superannuation – NTC Employee – Validity of Reduction in Retirement Age – Petitioner, a mill-grade employee of Model Mills (taken over by NTC), challenged superannuation at age 58, claiming his retirement age was 60 – Labour Court and Industrial Court rejected complaint holding employer had legal authority to reduce retirement age to 58 – Wr...
Employees’ State Insurance Act, 1948 – Section 45A – Jurisdiction – Preconditions – Determination of contribution – Corporation invoked Section 45A to assess contribution for period 1988–1992 – Employer had produced ledgers, cash books, vouchers, contractor records and returns and had participated in multiple personal hearings – Held: Section 4...
Constitutional Law – Chief Minister – Simultaneous Membership – Validity – Appointment of Members of Parliament as Chief Minister and Deputy Chief Minister of U.P. challenged as violative of constitutional scheme – Held: No express or implied bar under Constitution to appoint a Member of Parliament as Minister in a State Government – Article 164(4) permits such ...
Review – CPC O.47 R.1 – No error apparent on record – attempt to reargue merits impermissible – abuse of process – review petition dismissed with ₹50,000 costs
Review – Scope and Limits – Error Apparent on Record – Review Petition Dismissed – Petitioner sought reconsideration of High Court’s order directing him to file proceedings be...
Civil Law - Mutation Proceedings – Will-Based Mutation – Permissibility – The appellant, claiming under a registered will executed by the deceased tenure holder, was granted mutation by the Tehsildar – Mutation confirmed by SDO and Commissioner – High Court interfered under Article 227, holding mutation cannot be allowed on basis of will – Held: No prohibition u...
Service Law – Disciplinary Proceedings – Second Marriage during Subsistence of First Marriage – CISF Rules, 2001 – Rule 18(b) – Respondent, a CISF Constable, contracted a second marriage while his first wife was living – Charge of grave misconduct framed for violation of Rule 18(b) and neglect of wife and minor child – Departmental enquiry conducted in acc...
Forest Law – Reserve Forest – Jurisdiction of Forest Settlement Officer – Scope of Section 10 Telangana Forest Act – FSO Cannot Decide Title – Forest Settlement Officer accepted respondents’ claim to exclude 102 acres from Gurramguda Forest Block by recognizing it as private Arazi-Makta of Salar Jung III – Supreme Court held FSO’s powers under Sectio...
Arbitration and Conciliation Act, 1996 – Section 34 – Scope of Interference – Challenge to arbitral award on grounds of perversity and patent illegality – Court reiterated that reappreciation of evidence is impermissible under Section 34 – Arbitral Tribunal is the master of evidence – Interference warranted only where findings are perverse, arbitrary, capricious...
Territorial Jurisdiction – Writ Petition under Article 226 – Challenge to Final Findings by Designated Authority recommending anti-dumping duty – Petitioner, a Kuwaiti exporter, claimed apprehended loss of business in Kolkata as part of cause of action – Held: Mere apprehension of injury to business or presence of customers in Kolkata is not sufficient to establish part of ...
Customs Law – Smuggling – Penalty – Section 112 – Procedural Lapses – Revenue appeals against CESTAT’s order setting aside penalties of up to ₹15 crores imposed for alleged gold smuggling based on statements under Section 108 of the Customs Act – Held: Penalties under Section 112(a) and (b) cannot be simultaneously imposed – CESTAT rightly found co...