Labour Law – Dismissal without Inquiry – Lump Sum Compensation Awarded – The Labour Court awarded Rs. 5,00,000 as lump sum compensation to the dismissed worker who served over 14 years without conducting an inquiry – Held: The Labour Court’s findings were reasoned, and no reinstatement was granted due to the worker's age of superannuation and lapse of 24 years sin...
Restoration of Appeal Under Order 23, Rule 3 CPC – Applicability of Statutory Remedies – Restoration Directed - The High Court's dismissal of the restoration application was based on the absence of specific liberty to restore in its prior order recording the compromise. The Supreme Court clarified that statutory remedies under the CPC are independent of judicial permission – ...
Writ Jurisdiction – Disputed Questions of Fact – Maintainability of Writ Petition – Appeal Allowed – The learned Single Judge dismissed the writ petition on the ground that disputed questions of fact regarding the delivery of possession of land cannot be adjudicated in writ jurisdiction – Held: The High Court is competent to adjudicate disputed facts in writ jurisdict...
Transfer of Proceedings – Section 24 CPC – Distinct Causes of Action – Transfer Denied – The petitioner sought transfer of two rent petitions, one under Section 13-B (NRI eviction) and the other under Section 13 (non-payment of rent), to the same court. The Court held that although the premises in dispute were the same, the causes of action were distinct, and the applicable...
Compensation Recovery – Land Acquisition – Petitioners directed to refund compensation for acquired land under National Highways Act – Land disputed and interim order from Supreme Court regarding partition suit – Affidavit from predecessor claiming no objection to compensation, later denied by same predecessor – Orders for refund challenged [Paras 1-14].
Partition ...
Contempt of Court – Alleged Wilful Disobedience of Supreme Court Orders – TDR Compliance - Wilful Disobedience – Orders Passed by Supreme Court – Intentional Delay in Compliance – Allegations of wilful disobedience of Supreme Court orders dated 21.11.2014, 17.05.2022, and 19.03.2024 – Petitioners claimed non-compliance by respondents regarding issuance of Transf...
Civil Law - Bar under Section 49 of U.P.C.H. Act – Applicability – Suit Not Maintainable – The Court found that the sale deed was executed during ongoing consolidation operations, and subsequent rights of the appellants were adjudicated by the consolidation authorities under Section 12 – Held: The suit challenging the sale deed is barred under Section 49, as it involves mat...
Mutation and Vesting of Land – No Entitlement to Mutation – Appellants sought mutation of premises No. 15A, Armenian Street, Kolkata, based on a registered deed of conveyance. The Court affirmed findings that the property vested in the State as a "Khatal" under the West Bengal Thika Tenancy Act, 2001, as of January 18, 1982. Consequently, the appellants had no ownership or ri...
Debarment from Tenders – Judicial Review – Petitioner challenged the order debarring it from participating in any MCD tenders for five years – High Court examined whether the order was arbitrary, lacking reasons, or shockingly disproportionate – Court found the order was based on failure to complete work within stipulated time, resulting in public inconvenience [Paras 1-17]...
Accident Claim - Motor Vehicle Accident – Negligence – Determination of Liability – Insurer's Liability Affirmed – The accident resulted from the rash and negligent riding of the motorcycle by the first respondent – First respondent, despite notice, failed to contest the case or depose – Insurer held liable to pay compensation under the terms of the insuranc...