Property Law – Adverse Possession and Mortgage – Challenge against First Appellate Court’s decision that allowed the appeal of defendant-respondent No.1, reversing the favorable decree to the plaintiff-appellants from the Trial Court regarding ownership by adverse possession and mortgage rights – Supreme Court precedents and Full Bench decisions cited, confirming the mortga...
Labour Law - Industrial Dispute - Reference under Section 10(1)(c) and 10(2A) of Industrial Disputes Act, 1947 - Pending Miscellaneous Cases - Labour Court Adjudication – High Court upheld the reference made by the State Government to the Labour Court regarding the dismissal of the respondent-workman despite the pendency of Miscellaneous Cases under Section 33(2)(b) and Section 33-A before t...
Revision under Article 227 – Challenging the Trial Court’s decision to dismiss the application for appointing a Local Commissioner to ascertain physical status of land – Trial court held that plaintiff-petitioner must prove his case without court’s assistance in gathering evidence – High Court upheld the trial court’s decision, stating it does not affect the rig...
Excise Law – Confiscation Order – Seizure of Black Jaggery and Alum – Writ Petition – The petitioner, operating a proprietary business under the name "New Lucky Kirana and General Stores" with valid trade and tax licenses, challenged the confiscation order and seizure of black jaggery and alum by the Excise authorities. The petitioner contended that mere possessio...
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 ...