Procedural Law - Counsel's withdrawal and its effect on party representation - Counsel for the plaintiff withdrew without instructions, Trial Court decided case without notifying appellant - Held improper as per Baljit Singh v. Maya Ram [2006(4) RCR Civil 415] - The appellant should have been notified before proceeding in absence of representation - Case remanded to Trial Court for fresh adjud...
Companies Act – Appeal under Section 483 against Rejection of Statutory Interest Claim by Workmen – Jharkhand High Court upheld the decision of the Single Judge rejecting the workmen’s claim for statutory interest under Rule 156 of the Companies (Court) Rules, 1959 – The Court found no error in the previous order as the claim for interest was not raised or adjudicated upon ...
Property Dispute – Ownership and Encroachment – Appeal against First Appellate Court’s dismissal of suit – Trial court had decreed in favor of plaintiff, finding her the rightful owner in possession of the disputed property, an injunction was granted against encroachment claims by the defendants – Defendants contested, claiming encroachment on adjacent government prop...
Termination & Reinstatement – Industrial Dispute Act, 1947 – Petitioner challenges Tribunal award granting reinstatement and back wages to respondent workman who was denied duty post-medical leave – Tribunal found the termination in violation of Industrial Disputes Act provisions – Held, termination was unjust, reinstatement ordered with 25% back wages – Fact of w...
Constitutional Law – Challenge to Telangana State Judicial Services Rules, 2023 – High Court upholds constitutionality of Rule (5.2) (A) prescribing age and marks criteria for selection of judicial officers – Challenge to maximum age limit of 26 years and marks criteria for open category (60%) and reserved categories (55%) – Court follows previous decisions and Supreme Cour...
Service Law – Departmental Proceedings vs. Criminal Acquittal – Petition against dismissal – Petitioner, a constable driver in CRPF, dismissed on allegations of misappropriating and selling fuel, was acquitted by criminal court on similar charges. Discharge by criminal court due to lack of evidence – Held, departmental proceedings on identical charges without sanction from ...
Civil Procedure – Appeal and Delay Condonation – Article 227 – Order 41 Rule 3A CPC – Non-joinder of Necessary Party - Appeal Process – Challenge against the appellate court's order overruling objections related to the maintainability of an appeal filed without a condonation of delay application – High Court upheld appellate court's decision to grant lea...
Administrative Law – Compassionate Allowance and Benefits After Dismissal – Petitioner seeks judicial review of the decision rejecting his claim for compassionate allowance and other benefits following his dismissal from service in 2001 – The petitioner remained inactive for 21 years before initiating legal action – High Court emphasizes the principles of delay and laches, ...
Civil Procedure – Filing of Written Statements – Order 8, Rule 1 CPC – Mandatory Time Limit – Petition challenging trial court orders accepting late filed written statements – Defendants filed written statements beyond the prescribed 120 days from the date of service of summons – Plaintiff argued that such acceptance violates mandatory provisions of Order 8, Rul...
Civil Law – Orders for delisting trucks by Ex-Servicemen Corporation – Challenge in Himachal Pradesh High Court against delisting orders due to concealment of re-employment – Common judgment passed for multiple writ petitions - Orders for delisting trucks – Chairman-cum-Managing Director of HP Ex-Servicemen Corporation delisted trucks owned by petitioners – Concealmen...