Motor Accident Claims – Quantum of Compensation – Appeals against Tribunal’s award for accident resulting in deaths and injuries during a pilgrimage walk – Tribunal found rash and negligent driving by the offending vehicle – Compensation enhanced for pain, suffering, medical expenses, and other heads – Dependency claims considered but adjusted for the actual age...
Metro Railway – Compensation for Damages – Loss of Rent – Petitioners sought compensation for unrealized rent from Syndicate Bank for ten years due to alleged damages caused to their building by Metro Railway construction – Held: No valid lease existed between Syndicate Bank and the petitioners – Petitioners failed to execute a registered lease deed, as required under...
Maternity Leave – Working woman employed by RSRTC challenged the denial of 180 days of maternity leave – Court held that the petitioner is entitled to 180 days under the Maternity Benefit (Amendment) Act, 2017 – Denial of full maternity leave based on Regulation 74 of the RSRTC Regulations is discriminatory and violative of Articles 14 and 21 of the Constitution [Paras 9-36].
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Service Law - Promotion after Retirement – Rule 54(1)(a) of the West Bengal Service Rules – Financial Benefits Denied The respondent, who retired before receiving final approval for promotion, sought notional financial benefits for the higher post – Held: Rule 54(1)(a) precludes retrospective promotion or associated benefits unless duties of the post were assumed – The Cour...
Administrative Law – Suspension of Contractor’s Registration – Opportunity of Hearing Required – The petitioner challenged the suspension of his contractor registration with the MPPWD for a period of two years, arguing that no opportunity of hearing was provided before the suspension – Held: The suspension of registration for non-completion of work requires a separate...
Taxation Law - Luxury Tax Assessment – Transfer of Part of Property – Tax Evasion – The petitioner sought relief from luxury tax after transferring the first floor of his residential building to his wife, thereby reducing the area under his ownership below the taxable limit under Section 5A of the Kerala Building Tax Act, 1975 – Held: Such a transfer, if accepted, would cre...
Civil Writ - Caste Certificate Validation – Pre-constitutional Record Evaluation – Principle of Preponderance of Probabilities – Tokre Koli Scheduled Tribe Validated - The petitioner contested the caste scrutiny committee’s rejection of his ‘Tokre Koli’ certificate, asserting that entries in pre-constitutional records describing his ancestors as ‘Koli Dhor...
Order VII Rule 11 – Cause of Action and Limitation – Application Rejected – Petitioners contended that the plaint should be rejected as it lacked a cause of action and the suit was barred by limitation – Court observed that the plaint disclosed a cause of action, as it pleaded joint family properties and refusal of partition on 28/07/2022 – Held: Issues of limitation ...
Amendment to the Constitution – Preamble – Article 368 – The Parliament's power under Article 368 to amend the Constitution extends to the Preamble, provided it does not violate the basic structure – Held: Amendments adding "socialist" and "secular" do not alter the Constitution's basic structure and are valid [Paras 2-5].
Constituti...
Civil Law - Property Partition – Declaration of Co-ownership and Shares – Partition Decreed – Plaintiffs sought partition and declaration of rights over the suit property based on their status as legal heirs – Defendants contested claiming sole ownership – Trial and Appellate Courts declared the plaintiffs entitled to 1/6th share, rejecting the defense of exclusive ow...