Labour Law – Recovery of Unpaid Wages – Persistent Litigation – Petitioners challenged recovery notices issued by Labour Commissioner, asserting they complied with the Labour Court’s award – Held, petitioners indulged in prolonged and unjustified litigation to avoid paying back wages – Labour Court’s award dated 4-12-2002 became final; petitioners’ a...
Industrial Disputes – Dismissal of Workman – Natural Justice – Compensation – Workman was a Head Watchman at the university – Granted three days casual leave, but did not report back – Applications for extension of leave and sick leave submitted by a relative – University did not approve leave extensions and declared the post vacant – Labour Court or...
Service Law – Termination Without Enquiry – Lecturer – Petitioner, a lecturer in Military Science, was terminated by the college management for alleged willful long absence from duty – Termination order passed without conducting a regular departmental enquiry – Management argued no enquiry needed as termination was during probation period – Held, termination sti...
Constitutional Law – Compensation for False Criminal Case – Petitioner’s daughter raped and murdered – Petitioner wrongfully arrested and prosecuted for rape and murder of his own daughter – Acquitted by Criminal Court – CBI investigation revealed improper investigation by police – Malice inferred from circumstances and official interference – Held, ...
Civil Procedure – Appellate Court’s Powers – Will and Inheritance – Decedent executed a Will dated 20.05.1999, registered on 10.06.1999, bequeathing property to his wife, son, and grandson – His wife and daughter challenged the Will, claiming they did not receive any share – During litigation, wife passed away and purportedly left another Will dated 05.09.2005 i...
Motor Vehicles Law – Compensation – Liability of Registered Owner – Held, Section 168 of the Motor Vehicles Act 1988 provides that the Tribunal, upon an application filed under Section 166 claiming compensation, may make an award determining the compensation amount, specifying the person(s) to whom it shall be paid, and who (insurer, owner, or driver) shall pay it. In cases where...
Constitutional Law – Writ Petition under Article 226 – Land Acquisition – Authority under Regional Development Plan – Petitioners sought quashing of notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 – Contention that State Government cannot acquire land falling within Regional Development Plan under Land Acquisition Act, 1894 in view of Sec...
Service Law – Selection and Appointment – False Certificates – Petitioners challenged the selection of respondents No. 4 to 6 for the post of Family Welfare Extension Educator on grounds of ineligibility due to lack of required experience – Respondents produced fake experience certificates at the time of application – Evidence showed that one respondent claimed to wor...
Civil Procedure – Execution – Auction Sale – Violation of Rules – Petitioner, auction purchaser, sought confirmation of sale and possession of property – Respondent No. 2, judgment-debtor, filed applications to set aside ex parte order and sale, claiming improper service and stay of dispossession – Executing Court allowed applications, finding auction violated m...
Civil Procedure – Impleadment of Parties – Pending Litigation – Specific Performance – Defendant No.1 executed an agreement for sale of land – Defendant No.1 died and respondents No.1 to 3 were impleaded as legal representatives – Respondents No.1 to 3 sold entire land to respondents No.16 & 17 via two separate sale deeds – Respondents No.16 & 17 s...