Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].
Right to Reputation vs. Free Speech – Court acknowledged higher threshold fo...
Withholding of DCRG – Rule 3A of Part III KSR – Legality of withholding DCRG pending judicial proceedings – Tribunal found withholding DCRG illegal when no judicial proceedings were instituted – Quashment of vigilance case – Original petition challenging Tribunal’s order granting interest on withheld DCRG dismissed [Paras 1-17].
Right to Interest on...
Promotion and Transfer – Conditions of Service – The petitioner company transferred the respondent from Mahape, Navi Mumbai, to Aurangabad on promotion. The respondent, alleging harassment and mala fide intentions behind the transfer, filed a complaint under the MRTU & PULP Act, seeking interim relief. The Industrial Court temporarily restrained the petitioners from implementing th...
Income Tax – Transfer Pricing Adjustments – Royalty Payments – The ITAT deleted the TP adjustments of INR 1,99,57,161/- related to royalty payments made by Samsung India to its parent company – ITAT found that Samsung India operates as a full-fledged licensed manufacturer and not as a contract manufacturer – Royalty payments were made for technical know-how and expert...
Arbitration – Appointment of Arbitrator – Employment Contracts – Petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking the constitution of an Arbitral Tribunal to resolve disputes arising from the lock-in periods specified in the employment contracts – Court upheld the validity of lock-in periods, finding them not violative of fundamental...
Consumer Protection Law – Setting Aside Ex-parte Orders – Petitioner, NTC Nidhi Ltd, was set ex-parte by the DCDRC for filing the version beyond the statutory period – Petitioner contended active participation in proceedings despite late filing – Supreme Court precedent supports participation rights even if declared ex-parte [Paras 2-6].
Right to Participate in...
Protection of Women from Domestic Violence – Monthly Allowance and Rented Accommodation – Petition under Article 227 challenging trial court and appellate court orders – Contention of insufficient monthly allowance and non-provision of rented accommodation – Execution proceedings initiated – Initial order directed payment of Rs. 5,000 per month for rent and provision ...
Hindu Adoption and Maintenance Act, 1956 – Section 10 – Validity of Adoption – Adoption of a person aged more than 15 years – Petitioner adopted at age 27 – Registered adoption deed executed – Civil suit filed for declaration of status as adopted son – Compromise decree passed – Tahsildar revoked certificate of Earthquake Affected Person – High...
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...