Jurisdiction – Commercial Courts – Execution of Arbitral Award – Petitioners contested the execution of an arbitral award by the Learned Principal District Judge, East Godavari, claiming that the matter falls under the jurisdiction of the Commercial Court due to pecuniary limits. The Principal District Judge’s decision was challenged, citing the Commercial Courts Act, 2015,...
Maharashtra Rent Control Act, 1999 – Section 16(1)(e) – Subletting and Transfer of Tenancy Rights – Civil Revision Application filed challenging the judgment and order by the Appellate Bench of Small Causes Court – Appellate Bench decreed the suit directing the termination of tenancy on the grounds of subletting and ordered an enquiry into mesne profits – Revision App...
Certificate of Residence – Issuance and Cancellation – Petitioner challenged the cancellation of her Resident Certificate by the Sub-Collector, Balasore, which was initially issued by the Tahasildar after proper inquiry – Sub-Collector’s order was based on the claim that the petitioner’s family is native to village-Bhimpur – High Court found the cancellation unj...
Service Law – Enhancement of Age of Superannuation – Petitioner, a Veterinary Officer, claimed entitlement to the extension of retirement age from 60 to 62 years as granted to other Veterinary Officers under the Manipur Veterinary & Animal Husbandry Service and those in Autonomous District Councils – High Court held that the petitioner is similarly situated and entitled to th...
Railway Accident – Bona Fide Passenger – Claim for compensation due to the death of the appellant’s son in a railway accident – Tribunal rejected the claim stating the deceased was not a bona fide passenger – Appellant contended that the deceased had purchased a ticket and boarded the train, supported by witness testimony [Paras 1-4].
Burden of Proof &nda...
Workmen’s Compensation – Quantum of Compensation – Deceased workman was employed as a driver and died in a road accident – Compensation awarded based on minimum wages under G.O.Ms.No.58 dated 09.04.1991 – Evidence from the employer suggested a higher salary – High Court enhanced compensation to reflect actual salary as stated by the employer [Paras 1-13].
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Property Law – Declaration of Title – Appeal against the judgment partially affirming the decision of the lower court – Plaintiff sought declaration of right, title, and interest and recovery of possession – Defendant admitted plaintiffs’ ownership of the land but claimed tenant rights – Trial and first appellate courts ruled in favor of the defendant based on l...
Workmen’s Compensation – Employer-Employee Relationship – Insurance Liability – Deceased driver crushed between two lorries – Insurance company’s contention that deceased had a fake driving licence and thus no liability – Court held that the insurance company cannot question employer-employee relationship based on the driving licence’s validity in th...
Criminal Law – FIR Quashing – Sections 420, 120-B IPC – Alleged Evasion of Stamp Duty – Petitioners sold property recorded as residential land in revenue records – FIR alleged commercial land sold as residential to evade stamp duty – Petitioners contended liability to pay stamp duty rests on purchaser – Court found no misdescription by petitioners regardin...
Criminal Law – Summoning and Cognizance Orders – Quashing of summoning and cognizance orders along with consequential orders due to lack of application of judicial mind and procedural irregularities – No evidence indicating the applicants intended to cause death or had knowledge their actions would result in death – Demolition leading to accidental death does not meet crite...