Award of Compensation – The trial court computed the amount of compensation based on the minimum wage rate due to lack of sufficient evidence for the claimed monthly income of the deceased – Amount awarded without interest, contrary to Section 4A of the Employee’s Compensation Act. [Para 4]
Appeal for Interest – The appellant appealed solely for the non-award o...
Civil Procedure - Execution of Decree - Court's Responsibility - The executing court's duty to enforce the court's verdict as per the decree is established, and the executing court cannot go beyond the decree. In case of ambiguity in the description of the property in the appellate decree, the court is directed to consider the original trial court decree for clarity. [Para 18-20]
&n...
Family Law – Hindu Marriage Act, 1955 – Divorce on Grounds of Cruelty – Appeal filed by appellant-wife against decree of divorce granted in favor of respondent-husband under Section 13(1)(ia) – Appellant alleges dowry harassment and cruelty by respondent and his family – Respondent alleges mental cruelty by appellant. [Para 1, 17-18]
Settlement Deed &ndas...
Statutory Framework – Protection of Children from Sexual Offences (POCSO) Act - accused being charged under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The legislation requires a minimum sentence of 7 years for offenses under Section 4 and 10 years under Section 6. [Para 1, 7, 8]
Facts – Attempt to Commit Penetrative Sexual Assault - pr...
Civil Appeal – Partition Suit – Misinterpretation of evidence regarding alleged relinquishment of daughters' share by mother – Appellants are daughters of the defendant, seeking partition and separate possession – Dispute regarding payment of Rs.30,000/- to mother and alleged relinquishment of daughters' share – Amendment to Section 6 of the Hindu Succession A...
Criminal Revision Petition – Appeal against judgment of acquittal – State aggrieved by acquittal of the respondent/accused for offences under Sections 504, 324, 498A, and 506 of IPC – Grounds for challenging the acquittal presented – Jurisdictional issue regarding the maintainability of the appeal discussed – State’s appeal under Section 372 of Cr.P.C. held to b...
Counter-Claim Compliance: Omissions in the counter-claim – Whether minor omissions in fulfilling the requirements while filing the counter-claim are grounds to non-suit the counter-claim plaintiff at the first or second appellate stage? – Legal requirements for filing a counter-claim as mandated under Order VIII Rule 6A and 6B of CPC clarified – Omissions in the form and content ...
Civil Appeal – Workmen Compensation Act – Appeal against High Court’s decision to set aside the Commissioner’s award of compensation to the legal representatives of a deceased employee – Appellants are the mother and wife of the deceased. [Para 1-2]
Employment Status – Deceased was allegedly an employee of Kutch Carrier, drawing a salary of ₹4000 per month ...
Cooperative Societies – U.P. Cooperative Societies Act, 1965 – Challenge to the High Court’s order allowing writ petitions against the cancellation of a sale deed – Society’s failure to provide evidence for allegations – Appeals dismissed. [Para 1, 10, 17]
Bye-Laws – Eligibility for Allotment – Clause 5(1) and 3(10) of the society’s bye-laws...
Civil Appeal – Recruitment to Ministerial Group “C” Posts – Appellants aggrieved by denial of promotion despite seniority – Case revolves around the Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001. [Para 1-3]
Promotion Criteria – Rule 5 of the said Rules – Specifies tha...