Seniority – Fixation of Seniority – Petitioners challenged the seniority list published by the Department of Revenue and Forest – Contention that the date of appointment should be considered after the successful completion of training and not from the date of joining training – Held, the seniority should be counted from the date of joining training as per the 2015 Rules, wh...
Trade Marks – Jurisdiction and Authority – Appeals under Section 91 of the Trade Marks Act, 1999 against orders passed by Associate Managers of Trade Marks – Issue of whether Associate Managers have the authority to pass quasi-judicial orders – Appellant contended that Associate Managers were neither authorized under the law nor competent to pass such orders [Paras 1-5].
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Electoral Law – Misuse of Reserved Category Benefits – Petitioner attempted to secure reserved category benefits by assuming a deceased individual’s identity. The scrutiny committee cancelled the caste certificate after investigation. The High Court upheld the scrutiny committee’s decision, finding no procedural errors or omissions in their consideration of evidence, includ...
Service Law – Termination – Acquittal in Criminal Case – Petitioner, an Anganwadi Worker, terminated without enquiry due to ACB case pendency – Court held termination illegal post-acquittal in criminal case, emphasizing principle of “innocent until proven guilty” – Mere pendency of criminal proceedings insufficient for termination without due enquiry [Para...
Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their right...
Interim Injunction – Prima Facie Case and Balance of Convenience: Temporary injunction granted in favour of plaintiffs on the application filed under Order 39, Rule 1 & 2 read with Section 151 CPC. The trial court found that the plaintiffs, having purchased the property and the petrol pump through a registered sale deed, were in possession of the same and the injunction was necessary to ...
Industrial Law – Misappropriation of Funds – Disciplinary Proceedings – Evidence – Appeal against the setting aside of the compulsory retirement of a bank employee – Allegations of misappropriation of funds by the cashier – Inquiry conducted by the bank found the allegations proved – Industrial Tribunal found the inquiry to be defective and set aside the p...
Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appoint...
Divorce by Mutual Consent – Right to Sue – Appellants’ Claim: Issue regarding whether the right to sue for divorce by mutual consent survives to the legal heirs of the deceased husband when he dies before the second motion is moved. The Family Court’s decision denying the legal heirs’ request to continue the proceedings and directing the return of money paid unde...
Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their right...