Trusteeship Removal – Grounds of Removal – The appellant was removed from his position as hereditary trustee due to non-compliance with mandatory requirements under Sections 29 and 30 of the Act, unauthorized leasing of temple properties, improper handling of property registers, and unauthorized collection of donations for temple renovations. The court found that the appellant failed t...
Insurance Liability – Contract of Insurance – Appeal against trial court’s decree holding insurance company liable for compensation and medical expenses paid by employer to its employees – Appellant contends no contract of insurance exists between insurer and employer, policy was an Act policy with limited liability – No contractual obligation to cover medical expense...
Land Encroachment – Possession Certificate Cancellation – Petitioners challenged the cancellation of their possession certificates for house sites granted by the government and the threat of demolition by state authorities – State respondents argued the certificates were invalid due to a prior civil court decree favoring a third party – High Court ruled cancellation without...
Partition – Family Property – Joint Family – Appeal against the trial court’s partial decree in partition suit – Appellant’s father managed joint family properties – Defendants contended partition occurred in 1952 with subsequent partition lists – Plaintiff failed to provide evidence of continued joint family properties – Trial court correctly ...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...
Urban Development – Unauthorized Construction – Petitioners challenged provisional orders for demolition of buildings constructed on leased land – Claimed construction followed legal requirements and sought regularization – Court directed authorities to follow due process, consider petitioners’ explanations, and provide fair hearing – Emphasized demolition only ...
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...
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,...
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...