Terms and Conditions of Employment – Dominance of Employer – The submissions made by the University's counsel that the teachers accepted the terms and conditions in their appointment letters were rejected. It was noted that employees in public employment cannot choose the terms of employment, as the employer is in a dominant position. Employees are often left with no option but to ...
Lease Agreements – Government Property – The leased land, belonging to the government and located in a reserve forest, was subject to strict conditions. The lessee, M/s. Joseph & Company, breached the lease agreement by subletting and selling portions of the leased land without prior permission from the government, justifying lease termination. The Supreme Court held that the lesse...
Retrenchment Compensation – Violation of Section 25F – The appellant, a daily wager, worked for 240 days and his service was terminated without complying with Section 25F of the Industrial Disputes Act, which mandates retrenchment compensation. The Labour Court found non-compliance and ordered reinstatement with 25% back wages. However, the High Court modified this to a lump sum compen...
Motion of No-Confidence – Democratic Principles – Section 28 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayats Act, 1961, ensures that an elected representative can only stay in power as long as they enjoy the support of the majority of the elected members. Once such a person loses the majority's confidence, they become unwanted. The Supreme Court upheld the High Court...
Provisional/Confidential Results – Validity – The Supreme Court held that provisional/confidential results declared by universities are valid for determining eligibility for employment, provided their authenticity is confirmed by the universities. In this case, the provisional results of B.Ed. examinations provided to the candidates before the cut-off date were valid, and the High Cour...
Reservation for Office of Mayor – The dominant intent of the Maharashtra Municipal Corporations (Reservation of Offices of Mayors) Rules, 2006, is to ensure effective implementation of the reservation policy while avoiding repetition of reservations in particular corporations. This ensures that all eligible categories receive reservation at some point by rotation. The interpretation by the H...
Land Acquisition – Market Value Determination – Comparable Sale Method – The Court held that while determining the market value of the acquired land, it is essential to examine its geographical location, existing and potential use, and proximity to major roads or developed areas. The market value can be assessed using the comparable sale method by referring to contemporaneous tra...
Motor Vehicles Act – Compensation – Valid Permit – The High Court held that if a vehicle did not have a valid permit at the time of the accident, which was a violation of the insurance policy terms, the insurer could repudiate liability to reimburse the assured or victim. However, the insurer must initially pay compensation to the victim or his heirs and then recover the amount f...
Pay Disparity – Secretariat vs. Non-Secretariat – Appeals concerning pay disparity between Private Secretaries in Railway field offices and those in Secretariat – 6th CPC recommended some pay parity but maintained distinctions beyond Assistant grade – Tribunal's conflicting judgments on parity – Supreme Court upheld distinct recommendations for non-Secretariat org...
Building Regulations – Violation – Construction of Towers 16 and 17 (Apex and Ceyane) by Supertech Limited was found to be in violation of the NBR 2006, NBR 2010, NBC 2005, and the UP Apartments Act, 2010 – The towers were constructed with insufficient distance between them and other buildings, violating mandatory open space requirements – High Court's direction for dem...