Motor Vehicles Act – Death in Accident – Compensation – Multiplier: The deceased, aged 54, died in a motor vehicle accident. The appropriate multiplier for calculating compensation was held to be 11. The appellants were awarded compensation of Rs. 2,433,064 with interest at 9% from the date of filing the claim application until realization .
Judicial Precedents...
Resignation – Constructive Dismissal – Sexual Harassment – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior, dated 15th July 2014, cannot be construed as voluntary. Order dated 17th July 2014 accepting the resignation quashed – High Court's acceptance of resignation found without proper consideration of the coercive circu...
SARFAESI Act – Mortgage – Discharge of Borrower’s Liability: The Supreme Court held that merely selling the mortgaged property or securing part of the outstanding dues does not discharge the borrower from the entire liability. The borrower’s liability with respect to the balance outstanding continues. The Division Bench of the High Court erred in directing the release of th...
Constitution of India – Article 21 – Premature Release – Application for Premature Release: The Supreme Court held that the order rejecting the application for premature release lacked application of mind to relevant circumstances. The order merely noted potential resentment among the victim's side and the petitioner's extremist nature without considering the petitioner...
Employment Law – Relationship between employer and employee – Minimum Wages Act, Industrial Disputes Act – Canteen Waiter as Bank Employee – Retrenchment of canteen waiter deemed illegal due to non-adherence to procedural requirements under Industrial Disputes Act, Section 25(F), (G), and (H) – Appeals dismissed – Orders of reinstatement with back wages upheld &...
Civil Procedure Code (CPC) - Order II Rule 3 - Joinder of Causes of Action: Order II Rule 3 permits a plaintiff to unite different causes of action in the same suit. The failure to join all claims arising from a cause of action can lead to consequences as proclaimed in Order II Rule 2. However, non-joinder of necessary parties can be fatal to the suit if it impacts the substantive rights of the pa...
Civil Procedure Code – Order 7 Rule 11(d) – Rejection of Plaint: A party to a consent decree based on a compromise must challenge the compromise decree in the same court that recorded the compromise. A separate suit challenging the consent decree is not maintainable under Order 23 Rule 3A CPC. The Trial Court was justified in rejecting the plaint on the ground that the suit for the rel...
Insolvency Law – Admission of CIRP Application – NCLAT admitted the application under Section 9 of the IBC, based on additional documents taken on record during the final decision – Supreme Court held that admitting additional documents without providing adequate opportunity for the corporate debtor to respond was procedurally improper – The case was remanded to NCLT for re...
Constitutional Law – Article 14 – Negative Equality – Supreme Court reiterates that Article 14 does not envisage negative equality but only a positive aspect – Relief granted to a few individuals inadvertently or by mistake does not confer any legal right on others to get the same relief – The principle of parity cannot be relied upon to perpetuate illegality or irreg...
Banking Law – Liability for Fraud – The Post Office, like a bank, can be held liable for fraud or wrongs committed by its employees – Such acts of fraud by employees during their course of employment are binding on the bank/post office at the instance of the person damnified by the fraud – Acts of bank/post office employees being within their course of employment give a rig...