Industrial Dispute Act – Jurisdiction – Appellant challenged termination as a consequence of non-joining on transferred post – Industrial Court's jurisdiction questioned – High Court held termination disputes fall within Labour Court’s jurisdiction – Appeal dismissed, affirming no jurisdiction of Industrial Court in termination cases linked to unfair labor p...
Service Law – Direct Recruitment vs. Promotion and Deputation – Appellants challenged direct recruitment to posts of Administrative Officer/Assistant Assessor and Collector, arguing promotion should be attempted first – Recruitment Rules mandate 50% by promotion and 50% by deputation, failing which direct recruitment can be resorted to – High Court found respondents did not...
Service Law – Promotion and Medical Fitness – Appeal against High Court decision denying promotion to IG – Appellant reverted to DIG based on medical board categorization – Multiple medical examinations with conflicting categorizations – Reversion without notice or hearing – Supreme Court grants relief under Article 142 for retiral dues computation based on IG r...
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...
Telecom Law – Spectrum Charges – Union of India challenged TDSAT’s order directing refund of excess amount encashed from bank guarantees provided by RCL for deferred spectrum charges – Supreme Court examines NIA 2013 and NIA 2015 terms – Holds that refund of unadjusted amount was justified – Appeal dismissed [Paras 1-12].
Bank Guarantees – Enc...
Constitutional Law – Minority Rights – Article 30 of the Constitution – Appellants challenged provisions of the West Bengal Madrasah Service Commission Act, 2008, arguing they violated minority institutions' rights to administer their educational institutions – High Court declared Sections 8, 10, 11, and 12 of the Act ultra vires – Supreme Court analyzes the provi...