Service Law – Promotion and Medical Fitness – Appeal against High Court decision denying promotion to IG – Appellant reverted to DIG based on medical board categorization – Multiple medical examinations with conflicting categorizations – Reversion without notice or hearing – Supreme Court grants relief under Article 142 for retiral dues computation based on IG r...
Constitutional Law – Reservation in Promotion – Persons with Disabilities – Supreme Court held that persons with disabilities are entitled to reservation in promotions under Section 33 of the 1995 Act – Distinction between reservations under Article 16(4) and horizontal reservations under Article 16(1) emphasized – Prior Supreme Court judgments in Indra Sawhney and ot...
Child Rights – Jurisdictional Conflict – National and State Commissions for Protection of Child Rights – Inquiry into large-scale child trafficking – NCPCR initiated inquiry but WBCPCR claimed prior cognizance – Court emphasizes need for cooperation between Commissions – NCPCR entitled to proceed where State Commission failed to act promptly – Court direct...
Environmental Pollution – Air Quality in Delhi and NCR – Court addresses severe air pollution in Delhi and NCR due to stubble burning, construction, waste management, and vehicular emissions – Orders passed for immediate steps to control pollution including cessation of construction and demolition activities, waste management, and use of anti-smog guns – Directs Chief Secre...
Motor Vehicles Act – Compensation – Fatal motor accident – Respondent Nos. 1 and 2, major sons of the deceased, entitled to compensation for loss of dependency calculated on gross salary of deceased less tax, considering future prospects and personal expenses deduction of one-third (1/3rd) – Multiplier of '13' applied by Tribunal and High Court upheld – Total ...
Landlord-Tenant Law – Eviction – Grounds – Eviction sought under Sections 11(2), 11(3), 11(4)(i), and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 – Trial court granted eviction for non-payment of rent for all three shops – Appellate authority found bona fide need for one shop, subletting for another, and upheld eviction for these two shops &nd...
Motor Accident Claims – Quantum of Compensation – Future Prospects – Deceased aged 59, near retirement – Tribunal awarded compensation based on current income, including future prospects – Appeal contended income should reduce post-retirement – Court upheld Tribunal's approach, citing consistent income assessment and future prospects as per legal precedents ...
Service Law – Unauthorized Absence – Disciplinary proceedings initiated against a police orderly who remained absent without authorization for seven years – Despite direction to report for medical examination by CDMO, respondent failed to comply – Inquiry conducted ex parte found respondent guilty – Tribunal dismissed respondent's challenge, but High Court substit...
Employment Law – Dismissal and Reinstatement – Appellant, employed in the Assembly department of the respondent, dismissed after a departmental enquiry found him guilty of causing disruption of work – Labour Court found enquiry findings perverse, ordered reinstatement with 25% back wages – High Court affirmed reinstatement but denied back wages, erroneously stated Labour Co...
Armed Forces Tribunal – Jurisdiction and Transfer of Cases – Appeal against a single judge's decision on Armed Forces personnel to be transferred to AFT – AFT's jurisdiction does not extend to writ jurisdiction under Articles 226 and 227 – Intra-court appeals from single judge decisions are not to be transferred to AFT – High Court retains writ jurisdiction ov...