Property Law – Auction Purchase – Free from Encumbrances – Petitioner purchased property in e-auction from bank with assurance of no encumbrances – Sale certificate issued, but registration refused due to property attachment for previous owner's dues – Held, rights of secured creditor have priority over government dues – Petitioner under no obligation to dis...
Labour Law – Reinstatement vs. Compensation – Non-compliance with Section 25-F – Labour Court found termination invalid due to non-compliance with Section 25-F of the Industrial Disputes Act but denied reinstatement, awarding Rs. 1,20,000 as compensation – Held, compensation inadequate for 10 years of service – Following principles in similar cases, compensation incre...
Insurance Law – Personal Accident Cover – Definition of Owner-Driver – Borrower of Vehicle – Tribunal awarded PAC compensation to borrower of a motorcycle – Held, term ‘owner-driver’ under GR-36 restricts PAC to the registered owner holding an effective driving license – Representative or borrower not covered – Tribunal’s award set aside,...
Ningamma and another v. United India Insurance Co. Ltd., 2009 (13) SCC 710
Representing Advocates:
Vinod Chaudhri for the appellant
Contract Law – Liability of Surety – Delay by Creditor – Public Auction – Petitioner stood as surety for contractor in a public auction – Contractor defaulted on payments – Petitioner argued that delay by State in taking action discharged the surety – Held, State's delay does not discharge surety's liability – Contract terms and provisions of...
Constitutional Law – Equal Pay for Equal Work – Pay Parity – Petitioners recruited as drivers receiving lower pay than juniors despite performing the same work – State's contention to await 6th Pay Commission decision rejected – Held, seniors cannot draw less pay than juniors, violation of Article 14 and Article 39(d) – Step-up of salary of seniors directed....
Service Law - Ad hoc/Work-charged service - Seniority and financial benefits - Petitioners sought counting of ad hoc/work-charged service for seniority, additional increments, higher standard pay scales, and ACP scales - Held, ad hoc/work-charged service followed by regular service cannot be counted for purposes of seniority and financial benefits such as additional increments and higher standard ...
Rent Law – Bona Fide Requirement – Conversion from Residential to Non-Residential Use – Petitioners sought eviction of tenants for bona fide requirement of non-residential use – Rent Controller and Appellate Authority dismissed petitions on grounds that residential premises let out for residential use cannot be evicted for non-residential use – Held, word “resid...
Administrative Law – Delay in Departmental Proceedings – Charge-sheet for Allotment Irregularities – Initiation of departmental proceedings 14 years post-incident and 3 years post-discharge in a criminal case – Held, departmental proceedings initiated after such delay cannot be justified, especially when based on identical facts leading to discharge in the criminal case &nd...
Debt Recovery – Limitation – Condonation of Delay – Section 17 of Securitization Act – Application under Section 17 dismissed by DRT due to lack of power to condone delay – Held, provisions of Limitation Act, 1963 applicable to proceedings under Section 17 in view of Section 24 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 – DRT has ...