Injunction - Infrastructure Projects - Civil Revision Petition against Appellate Court order granting interim injunction - Section 164 of Electricity Act read with Sections 10 and 16 of Telegraph Act empowers authority to lay electricity lines over private land without owner’s consent - Injunction barred under Specific Relief Act for infrastructure projects - Appellate Court order set aside,...
Compassionate Appointment – Assessment of Family Pension – Appellant rejected respondent's application for compassionate appointment based on merit points, considering family pension of Rs 8265 per month – Tribunal and High Court directed reconsideration, stating pension would reduce to Rs 4959 after ten years – Supreme Court held pension on date of consideration is rel...
Consumer Law – Limitation for Filing Complaint – Respondent's registration for house allotment under General Registration Scheme, 1985, was cancelled in 2000 for non-payment of seed money – Respondent filed consumer complaint in 2011 after Housing Board's 2009 policy decision on restoration of cancelled registrations – Supreme Court held complaint time-barred under ...
Compassionate Appointment – Revision of Post – Respondent appointed as Record Clerk on compassionate grounds despite qualifications for Junior Assistant – High Court directed revision to Junior Assistant retrospectively – Supreme Court held respondent’s acceptance of Record Clerk post with undertaking precluded later challenge – Appointment revision contrary to ...
Medical Negligence – Professional Indemnity Insurance – Hospital conducted eye camp, resulting in multiple cases of eye infections and loss of vision – Hospital claimed indemnity under insurance policies obtained by doctors – NCDRC ruled insurance policies did not cover hospital’s liability – Supreme Court upheld NCDRC’s decision – Hospital not benef...
Workmen's Compensation – Calculation of Wages – Deceased workman was earning Rs. 2400 per month plus Rs. 25 daily for food expenses – High Court erred in reducing the compensation based on minimum wage without evidence – Supreme Court restores compensation to original amount [Paras 1-9].
Interest on Compensation – Section 4A – Compensation becomes due fro...
Electricity Law – Captive Consumers – Additional Surcharge – Captive consumers/users are not liable to pay additional surcharge under Section 42(4) of the Electricity Act, 2003 – Section 9 permits captive generation and distribution to captive users without State Commission's permission – Appellate Tribunal's decision upheld [Paras 1-15].
Statutory Interpre...
Employment Law – Wrongful Termination – Reinstatement without Back Wages – High Court ordered reinstatement but denied back wages – Supreme Court addresses whether denial of back wages was justified – Back wages are generally awarded in cases of wrongful termination unless specific circumstances justify otherwise [Paras 1-11].
Burden of Proof – Gainful Employ...
Succession Law – Will Execution – Validity – Execution of will (Ex-P1) by testator E. Srinivasa Pillai questioned – Appellants argue will is concocted, testator was paralyzed and bedridden before death – Respondents fail to prove will to Court’s satisfaction – Division Bench reverses Trial Court judgment without detailed reasoning [Paras 1-23].
Proof of...
Reservation in Public Employment - Constitutionality - Writ Petition challenging 100% reservation for specific categories in appointment of Pre-Primary School Teachers - Held, 100% reservation not permissible under the Constitution - State directed to issue fresh advertisement allowing only 50% reservation, ensuring equality of opportunity. [Paras 1-34]
Equality in Public Employment -...