Civil Procedure - Rejection of Plaint – Civil Revision against Trial Court's Order dismissing application for rejection of suit under Order VII, Rule 11 CPC – Suit challenging decree dated 20.05.1986 alleging fraud and claiming coparcenary rights under amended Section 6 of the Hindu Succession Act – High Court holds no existing coparcenary post-severance of shares in 1986 dec...
Work and Contract - Blacklisting - Violation of Principles of Natural Justice - High Court quashed blacklisting order on grounds of pre-determination and violation of natural justice - Supreme Court held blacklisting followed due process with show cause notice and reply considered - Seriousness of contractor's lapse leading to collapse warranted blacklisting [Paras 8-8.7].
Blackli...
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Central Excise Act, 1944 - Confiscation of Properties - Rule 173Q(2) - SARFAESI Act 2002 prevails over Central Excise Act 1944 - Confiscation orders passed under omitted Rule 173Q(2) of Central Excise Rules 1944 lack jurisdiction - Secured creditors' dues have priority over central excise due...
Constitution of India - Article 14 - Compassionate Appointment - Child of Second Wife - Supreme Court held that compassionate appointment cannot be denied to the child of a second wife of a deceased employee solely on the basis of descent - Such exclusion violates Article 14 of the Constitution - Policy or rule that discriminates against legitimate children born from second marriages is arbitrary ...
Delhi Rent Control Act, 1958 - Section 14 - Sub-letting - Eviction - Appellant sought eviction on grounds of sub-letting without landlord's consent - Additional Rent Controller dismissed eviction petition - Appellate Tribunal reversed decision and passed order of eviction - High Court quashed Tribunal's decision under Article 227, restored Rent Controller's order - Supreme Court held H...
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 14B - Imposition of Damages - Default or delay in payment of EPF contributions by the employer necessitates imposition of damages under Section 14B - Mens rea or actus reus not required for imposing penalty or damages for breach of civil obligations and liabilities - Judgment of the Division Bench of the High Court of ...
Service Tax - Renting of Immovable Property - Exemption - Market Committees under Rajasthan Agricultural Produce Markets Act, 1961 - Appellants claimed exemption under Circular No. 89/7/2006 - Supreme Court held that the activity of renting/leasing shops/lands/platforms by Market Committees is not a mandatory statutory duty under Section 9 of the Act - Therefore, not exempt from service tax as per...
Employment - Back Wages - Reinstatement - Employee dismissed for allegedly securing employment through false caste certificate - Tahsildar's report found appellant did not belong to Scheduled Caste - High Court found Tahsildar incompetent and directed verification by appropriate authority - Verification confirmed appellant's Scheduled Caste status - Appellant reinstated without back wages ...
Employment - Caste Certificate - Termination - Appellant's services terminated for not belonging to the Scheduled Tribe community as claimed - High Court upheld termination - Appellant contended termination was without notice and recovery of salary unjustified - Supreme Court upheld termination but provided relief from recovery of salary due to lack of fraudulent intent and principles of natur...
Code of Civil Procedure - Order XLI Rule 5 - Stay of Execution - Rent Payment - High Court directed appellants to pay Rs. 18000/- per month as rent during the pendency of the second appeals - Appellants argued for lower rent as per lease agreement - High Court justified in directing higher rent based on prevailing market rate to balance interests of both parties during litigation [Paras 1-6].
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