Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...
Income Tax – Reassessment under Section 148 – Examination of legality of notices issued under Sections 148A(b) and 148A(d), and Section 148 post-final assessment order – Initially, reassessment notice issued on 31 March 2021, followed by an assessment order on 31 March 2022 imposing additional income based on alleged penny stock transactions – Subsequent notices on 1 June 2...
Service Law - Industrial Dispute – Challenge to termination of employee – Termination based on allegations of misconduct and sexual harassment – Inquiry conducted by employer – Legal validity of termination challenged – Matter referred to Labour Court – Labour Court found termination in violation of section 25F of the Industrial Disputes Act, 1947 – Indust...
Property Law – Usufructuary Mortgage – Right of Redemption – Regular second appeal challenging lower courts' decrees affirming respondent's ownership by prescription due to non-redemption within 30 years – Supreme Court precedent underscores that "once a mortgage, always a mortgage," no time limit extinguishes right to redeem – High Court sets aside ...
Land Acquisition – Challenge to notification under Section 4 of the Land Acquisition Act, 1894 – Notification subsequently followed by Section 6 declaration – Possession not taken by Land Acquisition Authority – Claim of discrimination based on release of lands with prior construction – Review applications dismissed by the Court – Supreme Court’s decision ...
Power Supply and Peak Load Hours Restrictions - Appeal from lower courts' decision on penalty imposed for power usage during restricted hours - Appellant argued respondent exceeded permissible power usage during restricted hours, violating specific instructions (Ex.DW3/8) limiting power usage to 5% of sanctioned load during peak hours - Respondent maintained it was a continuous process industr...
Medical Examination – Government Recruitment – Petition challenging Review Medical Examination Report dated 21.12.2023 declaring petitioner unfit due to hypertension and tachycardia – High Court noted failure to follow required regulations/guidelines for hospitalization and observation before final opinion – Set aside report – Directed reconstitution of Review Medical...
Family Law - Divorce - Appeal against Family Court’s judgment dismissing divorce petition based on alleged cruelty by the wife - Family Court found no sufficient evidence of cruelty or dowry harassment by respondent; however, High Court reverses decision, citing mental cruelty due to false criminal accusations and prolonged legal battle - Held, marriage irretrievably broken, decree of divorc...
Medical Law – Organ Transplantation – Delay in Authorization – Petitioners challenged delay in obtaining necessary approvals for kidney transplant – High Court emphasized need for prescribed timelines under the Transplantation of Human Organs and Tissues Rules, 2014 – Absence of such timelines caused significant delays – Court directed establishment of clear tim...
Quashing of Notifications – Land Acquisition – Challenge to the acquisition process under the Land Acquisition Act, 1894 – Petitioners seek quashing of two notifications (Annexures P-1 and P-3) for the acquisition of land for residential development in Sectors 1 and 2, Palwal – High Court upholds the validity of notifications and acquisition process, emphasizing compliance ...