Landlord-Tenant Law – Eviction – Grounds – Eviction sought under Sections 11(2), 11(3), 11(4)(i), and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 – Trial court granted eviction for non-payment of rent for all three shops – Appellate authority found bona fide need for one shop, subletting for another, and upheld eviction for these two shops &nd...
Motor Vehicles Act – Compensation – Fatal motor accident – Respondent Nos. 1 and 2, major sons of the deceased, entitled to compensation for loss of dependency calculated on gross salary of deceased less tax, considering future prospects and personal expenses deduction of one-third (1/3rd) – Multiplier of '13' applied by Tribunal and High Court upheld – Total ...
Environmental Pollution – Air Quality in Delhi and NCR – Court addresses severe air pollution in Delhi and NCR due to stubble burning, construction, waste management, and vehicular emissions – Orders passed for immediate steps to control pollution including cessation of construction and demolition activities, waste management, and use of anti-smog guns – Directs Chief Secre...
Child Rights – Jurisdictional Conflict – National and State Commissions for Protection of Child Rights – Inquiry into large-scale child trafficking – NCPCR initiated inquiry but WBCPCR claimed prior cognizance – Court emphasizes need for cooperation between Commissions – NCPCR entitled to proceed where State Commission failed to act promptly – Court direct...
Employment Law – Dismissal and Reinstatement – Appellant, employed in the Assembly department of the respondent, dismissed after a departmental enquiry found him guilty of causing disruption of work – Labour Court found enquiry findings perverse, ordered reinstatement with 25% back wages – High Court affirmed reinstatement but denied back wages, erroneously stated Labour Co...
Service Law – Unauthorized Absence – Disciplinary proceedings initiated against a police orderly who remained absent without authorization for seven years – Despite direction to report for medical examination by CDMO, respondent failed to comply – Inquiry conducted ex parte found respondent guilty – Tribunal dismissed respondent's challenge, but High Court substit...
Service Law – Border Security Force Act, 1968 – Misconduct – Appellant, a BSF constable with 17 years of service, dismissed for overstaying leave – Applied for leave extension due to family emergency but rejoined late – Summary Security Force Court convicted and dismissed him – Statutory petition dismissed by Director General BSF – High Court reversed Sing...
Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – S...
Landlord-Tenant Law – Sub-letting and Arrears of Rent – Appellant (landlady) filed eviction suit against tenant (respondent) on grounds of sub-letting and arrears of rent – Rent Controller dismissed suit, but Appellate Authority decreed eviction – High Court quashed eviction decree – Supreme Court examines evidence and finds clear case of sub-letting – High Cour...
Contract Law – Injunction – Appellant sought injunction to restrain respondents from executing further documents or creating third-party rights on disputed land – Trial court and High Court granted injunction based on prima facie existence of a concluded contract – Supreme Court examines the evidence, including emails and WhatsApp messages, and finds no concluded contract &...