Motor Accident Claim – Appellant’s appeal against the judgment and award of the Motor Accident Claims Tribunal – Appellant seeks enhancement of compensation – Appellant sustained severe injuries in a motor accident caused by rash and negligent driving – Appellant’s income claimed at Rs. 4000/- per month – Dispute regarding the assessment of compensation an...
Service Law – Recovery of Excess Payment – No Fraud or Mistake by Employee – Appeal against quashing of recovery order – Respondent received excess increment for 20 years due to employer's mistake – No allegation of fraud or mistake by respondent – Inequitable to recover after retirement or near retirement – Recovery orders set aside – Appeal dis...
Civil Procedure Code, 1908 – Order IX Rule 13 – Setting aside ex parte decree – Proper service of summons – Conditions under Order V Rule 15 CPC – Appellant’s claim of not being duly served – Mental trauma and depression – Trial court’s dismissal of application – Appeal challenging trial court’s decision – Court examines the e...
Hindu Law – Succession – Legitimacy of Children – Writ petition by widow and daughters of a deceased employee claiming retiral benefits – Marriage of appellant No.1 during subsistence of first marriage – Marriage void – Daughters born out of void marriage deemed legitimate for succession – Appeal allowed to the extent daughters entitled to father's est...
Service Law – Selection Process – Compliance with Rules – Writ petition challenging annulment of appointment due to procedural violations – Appointment as Salesman annulled for not issuing notice to Assistant Registrar’s nominee – Held, selection made without issuing notice to Assistant Registrar’s nominee in violation of Rule 80 of 1963 Rules – Sele...
Contract Law - Enforcement of Employment Terms – Regular Second Appeal against the dismissal of suit for recovery of damages and salary – Appellant, employed as Program Instructor, claimed unpaid salary and damages after the closure of the center – Agreement lacked explicit clause for salary payment by the respondent – Civil suit dismissed for absence of enforceable contrac...
Land Acquisition - Re-determination of Compensation - Requirement of Certified Copy of Award - Civil Writ Petition against rejection of application under Section 28-A of the Land Acquisition Act, 1894 - Petitioner's application dismissed solely for not attaching certified copy of award - High Court finds no legal mandate requiring attachment of certified copy for re-determination of ...
Service Law – Pay Parity – Educational Qualification – Writ petition challenging different pay scales for graduate and non-graduate clerks – Petitioner, a non-graduate clerk, sought higher pay scale granted to graduate clerks – Held, educational qualification constitutes a valid basis for different pay scales – Classification between graduate and non-g...
Land Law – Encroachment – Demarcation Reports – Writ petition against orders under Section 7 of Punjab Village Common Lands (Regulation) Act – Petitioner's appeal dismissed without considering demarcation reports showing no encroachment – Held, authorities failed to consider demarcation reports revealing no encroachment on Panchayat land – Impugned orders se...
Presumption of Truth in Revenue Records – Dismissal of Writ Petition – Writ petition challenging the appellate authority's decision that overturned the Collector's order declaring the petitioner and proforma respondents as owners of disputed land – The appellate authority found no evidence to substantiate the claim of possession prior to 26.01.1950 – Presumption of ...