Industrial Law - Challenge to Award - Certiorari Jurisdiction - Industrial Dispute - Proof of 240 Days Work - Writ Jurisdiction of High Court – Petition filed under Articles 226/227 challenging the award of Industrial Tribunal rejecting the petitioner’s claim for reinstatement and benefits. Petitioner failed to provide sufficient evidence of having worked 240 days in the year preceding...
Civil Law - Presumption of Truthfulness in Revenue Records – Appeal against the First Appellate Court's judgment – Plaintiff-respondent's suit for permanent injunction was initially dismissed by the Trial Court, but decreed by the First Appellate Court on the basis of presumption attached to jamabandi entries – High Court found that presumption of correctness attached to ...
Examination – Re-evaluation of Answer Sheets – Absence of Provision – Petitioner requested re-evaluation of answer sheets for English language and Criminal Law papers in PCS (JB) 2019 – Court held that re-evaluation is not permitted in absence of relevant rules/instructions – Clause 11 of the advertisement explicitly disallowed re-evaluation – Petition dismissed...
Motor Accident Compensation – Assessment of Disability – The appellant, a pillion rider injured in a motor accident, was initially awarded compensation by the Tribunal, considering 25% disability. The High Court reduced this to 20% based on a re-assessment, leading to a reduction in the compensation amount. The Supreme Court reversed the High Court's reduction, reinstating the Trib...
Contract Law – Liability of Surety – Delay by Creditor – Public Auction – Petitioner stood as surety for contractor in a public auction – Contractor defaulted on payments – Petitioner argued that delay by State in taking action discharged the surety – Held, State's delay does not discharge surety's liability – Contract terms and provisions of...
Labour Law – Reinstatement vs. Compensation – Non-compliance with Section 25-F – Labour Court found termination invalid due to non-compliance with Section 25-F of the Industrial Disputes Act but denied reinstatement, awarding Rs. 1,20,000 as compensation – Held, compensation inadequate for 10 years of service – Following principles in similar cases, compensation incre...
Property Law – Auction Purchase – Free from Encumbrances – Petitioner purchased property in e-auction from bank with assurance of no encumbrances – Sale certificate issued, but registration refused due to property attachment for previous owner's dues – Held, rights of secured creditor have priority over government dues – Petitioner under no obligation to dis...
Benami Transactions – Prohibition – Order 7 Rule 11 CPC – Suit for declaration of ownership of property purchased in another's name, alleging fiduciary relationship – Application for rejection under Order 7 Rule 11 CPC dismissed – Held, legislature prohibited benami transactions, except in specified cases under Section 4(3) of the 1988 Act – Court to conside...
Service Law – Termination of Judicial Officer – Allegations of Illicit Relationship – Petitioner's service terminated based on allegations by another judicial officer's wife – No evidence supporting allegations – Held, termination based on unsubstantiated allegations is unjust – Petitioner's termination order quashed – Petitioner entitled to re...
Civil Procedure – Lifting the Veil – Courts’ Duty – Courts must make sincere attempts to lift the veil and expose any sinister design even in civil litigation – Decisions should not be perfunctory or cursory – Lower courts failed to scrutinize the motives behind the litigation. [Para 28]
Amendment of Pleadings – Original Pleadings’ Signi...