Compulsory Retirement Controversy – Petitioner challenges his compulsory retirement under FR 56(j) based on his entire service record being reviewed, claiming it was without procedural compliance and an assessment of an ‘outstanding’ service record – Dispute centers on whether adverse records can be disregarded and if the timing of the review was legally appropriate –...
Constitutional Law – Article 226 – Writ of Mandamus – Petition filed under Article 226 seeking issuance of a writ of Mandamus directing the respondents to permit the conduct of ‘Hanuman Jayanthi Shobhayatra’ on 01.06.2024, challenging the rejection by the 5th respondent on grounds of lack of authority and arbitrariness – Court held that the Inspector of Police, ...
Suit for Declaration and Injunction – Plaintiff seeks declaration that share transfer to defendant under a Letter Agreement dated 03.12.2018 is void due to non-payment and to restrain defendant from rights over said shares – Agreement was for 1611 equity shares at ₹5,500 per share, wrongfully recorded as ₹31,516 per share in the agreement – Defendant recorded as owner in comp...
Labour Law – Dismissal of Employee – Procedural Irregularities in Labour Court Proceedings – Appellant challenges Labour Court’s award reinstating dismissed employee without providing an opportunity to the employer to present evidence – Labour Court found dismissal of respondent (a sweeper) for repeated unauthorized absences from work was in violation of principles of...
Ground of Eviction - Personal Bonafide Requirement - Landlords obtained eviction order against tenant on grounds of personal bonafide requirement and arrears of rent - Allegation landlords themselves faced eviction from another premises - Ground floor unsuitable due to different accommodation needs, preference for eviction of first-floor tenant to consolidate landlords' residence on a single f...
Interpretation of Rule 15 – Jharkhand Excise (Retail Rules 2022) – Imposing penalty on placement agencies for shortfall in Minimum Guarantee Revenue (MGR) – Court held Rule 15 should apply only when a placement agency fails to perform duties and obligations falling within its scope of work and causes monetary loss to JSBCL – Rule read down to mean liability of placement age...
Amendment of Joint Written Statement – Article 227 Supervisory Jurisdiction – Amendment of Joint Written Statement Filed by Multiple Defendants – Held – the Court upholds the revisional court's decision to remand the matter for fresh consideration of the amendment application. Emphasizes the need for consent from all joint filers or their explicit agreement to the...
Review Jurisdiction – Maintainability – Application filed against remand order which had already been executed by the trial court – Held, review application maintainable despite execution of remand order and subsequent appeal, as procedural status does not negate the intrinsic right to seek review – The court disagrees with objections to maintainability raised by the respon...
Civil Revision - Rejection of plaint - Application under Order 7 Rule 11 CPC - Revision petition challenging the order rejecting the application - Suit for declaration of ownership and related claims - Allegations of oral partition amongst brothers in earlier suit - Plaintiffs filed a fresh suit seeking declaration of ownership - Defendant moved application under Order 7 Rule 11 CPC seeking reject...
Disciplinary Proceedings – Judicial Officer’s Integrity Questioned – Petitioner, a former Judicial Officer, suspended and prevented from retiring on superannuation due to allegations of involvement in a telephonic conversation regarding financial transactions linked to a criminal case – Charges framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal)...