Applicability of ESI Act – Coverage of Establishments – Inspection conducted by ESIC revealed 29 employees in the appellant's establishment, thereby falling under the ESI Act provisions. Appellant failed to produce necessary attendance and wage records. The court emphasized that establishments employing 20 or more coverable employees were liable under the ESI Act even without using...
Property Law – Declaration of Title – Appeals arising from concurrent findings of lower courts favoring plaintiffs' claim over land ownership based on revenue records – Trial Court decreed suits in favor of plaintiffs, granting declaration and injunction – Appellate Court upheld findings – High Court scrutinizes reliance on revenue records as basis for title decla...
Trademark Law – Cancellation – Procedural Error – Appellant sought cancellation of respondent's trademark ‘CLARIWASH’ on grounds of deceptive similarity and procedural errors in the examination report – Claimed prior use of ‘CLARI’ formative trademarks – Trial court dismissed cancellation petition – On appeal, High Court held procedur...
Motor Vehicle Accident – Claim for damages due to negligent driving – Appeal against Tribunal's dismissal of the claim petition – Vehicle damaged beyond repair from collision with another vehicle driven negligently – Compensation initially sought from the appellant's own insurance and then from the offending vehicle’s insurer – Tribunal dismissed claim a...
Civil Procedure – Rejection of Plaint – Cause of Action and Limitation:
Appeal against the trial court’s rejection of a suit for partition under Order VII Rule 11(a) and (d) CPC – Appellants contended the plaint disclosed cause of action and was within limitation – Trial court had dismissed the suit citing absence of cause of action and barred by limitation due to ...
Constitutional Law – Writ of Mandamus – Petition under Articles 226 and 227 of the Constitution of India seeking a Writ of Mandamus to direct the Chief Electoral Officer and the Regional Commissioner to consider the petitioner's representation for implementing free bus services for voters and increasing the number of polling booths – Respondents opposed the petition stating s...
Provident Fund Contributions – Liability of Amalgamated Entity –
Petitioner bank challenged the order imposing damages and interest for delayed remittance of Provident Fund contributions and transfer of past accumulations by the Board of Trustees (BOT) of the amalgamated bank – Contention that BOT is a separate entity and petitioner should not be held liable – High Court...
Specific Performance – Readiness and Willingness – Suit for specific performance based on a sale agreement dated 02.08.2007 – Plaintiff alleged continuous readiness and willingness to perform her part of the contract – Defendants contended plaintiff's financial inability to pay the balance consideration in time – Trial court decreed the suit in favor of the plaint...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Service Law – Reinstatement – Concealment of Material Facts – Appeal by the State against reinstatement order granted to respondent who had resigned under alleged threat. Court finds material concealment by respondent regarding previous writ petition dismissals and rejections of representation by Police Headquarters – Appeal allowed, setting aside impugned judgment – ...