Motor Accident Claim - Loss of Earning Capacity Due to Disability – Assessment of Compensation – Enhanced - The appellant, a minor at the time of the accident, was determined to have a 75% mental disability rendering her reliant on others for life – The Supreme Court rejected the notional income approach applied by the lower courts, adopting the minimum wage for skilled workers a...
Employee Date of Birth Discrepancy – Respondent no.3, employed at Barsua Iron Ore Mines, declared different dates of birth during his employment – Initially declared 27.12.1948, later changed to 12.03.1955 – Discrepancy affected retirement date and subsequent claims. [Paras 4-7, 16-17]
Submission by Appellant – Appellant argued against the change in date of bir...
Arbitration Petition – Appointment of Arbitrator – Non-Arbitrable Disputes – Petition Dismissed – The respondent's petition for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was challenged by the appellant – Held: Disputes related to non-payment of wages and wrongful termination fall within the exclusive jurisdiction o...
Arbitration – Contract Disputes – Payment for Construction Work – Appeal under Section 37 – Dispute over payment for clearing and grubbing (C&G) and earthwork in embankment below Original Ground Level (OGL) – Arbitral Tribunal awarded payment for embankment work below OGL – Held, payment justified as per contractual terms – Appeal against this issue di...
Administrative Law – Adherence to Guidelines – Population Categorization – HPCL's Rejection of Offer Land – Petitioner challenged rejection of land offered for retail outlet dealership under HPCL, citing reliance on outdated Census 2011 data for categorizing the area as a rural stretch – HPCL relied on NHAI guidelines mandating Census 2011 as the reference for pop...
Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...
Writ Jurisdiction – Judicial Orders of Civil Courts – Article 226 – Non-Maintainability - The petitioners sought relief under Article 226 to quash an interlocutory order passed by the Sub-Judge-I, Danapur, in an execution case. The High Court held that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be challenged under Article 227 &...
Public Interest Litigation – School Bus Safety – Fatal Accident Involving School Bus – Several PILs filed post-accident seeking measures for student safety in school transportation – Guidelines for safe operation of school buses issued by the Court in the absence of State-specific regulations – Directions given for compliance by authorities until amendments are made t...
Insurance Law – Ombudsman Award – Compliance with IRDA Guidelines – Jurisdiction – Petition challenging award dated 03 May 2021 issued by the Insurance Ombudsman directing the Oriental Insurance Company to pay ₹27,13,582/- to the claimant, Bharat Dedhia, under a health insurance policy – Allegations by the Insurance Company that the Ombudsman exceeded jurisdiction u...
Judicial Review of Speaker’s Inaction – Permissible Scope – Directions Issued Valid – Appellant contended that the High Court cannot direct the Speaker to decide disqualification petitions within a timeframe – Court held that inordinate delay in deciding disqualification petitions violates constitutional mandates – Judicial review under Article 226 is permissibl...