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...
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...
Family Law – Guardianship and Custody – Territorial Jurisdiction – Application under Order VII Rule 10 CPC – Guardians and Wards Act, 1890 – Section 9:
Family Law – Guardianship and Custody of Minor – Application for Return of Petition for Lack of Jurisdiction – High Court of Karnataka allows writ petition and sets aside Family Court&rsq...
Unauthorized Construction – Retention of Additional Floor – Sections 174 and 177 of the Howrah Municipal Corporation Act, 1980 – Petitioner challenged the Corporation’s decision to allow private respondents to retain an additional floor beyond the sanctioned G+1 structure – High Court held the action of the Corporation as contrary to law – Corporation directed t...
Public Interest Litigation – Post-Poll Violence – Allegations of post-election violence following the 2024 West Bengal state elections – Petitioners raised concerns over the safety and security of citizens, citing incidents of violence and the State Police’s alleged failure to act – High Court directed the continued deployment of Central Forces until 21st June 2024 to...
Motor Accident Claim – Assessment of Just Compensation – Appeal against Tribunal’s award – Tribunal assessed deceased’s income as Rs. 4,000 per month and granted compensation accordingly – High Court reassesses income based on evidence of partnership business in stone crushing – Future prospects added at 40% – Multiplier of 17 applied considering vic...
Service Law – Appointment and Approval – Appellant school functionaries challenged the order directing approval of Mihir’s service – Contention on procedural lapses, lack of requisite qualifications, and alleged interpolations in records – High Court found Mihir was appointed against a sanctioned post and the procedural lapses were not substantiated by evidence &ndash...
Bank Accounts – Defreezing – Appeal against the order to defreeze the accounts of CSI West Bengal Branch – Single Judge directed the bank to defreeze accounts and allowed suspended office bearer to operate them – Division Bench upheld defreezing but restricted suspended office bearer’s operation – Allowed West Bengal Branch to nominate new signatories from non-s...
Environmental Law – Public Interest Litigation – Metro Rail Project – Petition filed by a citizen action group to halt the construction of a metro station near the Victoria Memorial and the Maidan area, citing environmental concerns – The petitioners contended the project would result in the uprooting of approximately 700 trees, with severe ecological impacts &nda...
Adverse Possession – Requirements – Plaintiff’s claim for adverse possession dismissed – Both the Trial Court and First Appellate Court found the plaintiff failed to establish the requisite animus for adverse possession – Emphasis on the necessity of proving continuous and hostile possession – Appeal dismissed on similar grounds, confirming lower courts’ f...