Writ Jurisdiction – Judicial Orders of Civil Courts – Scope Under Articles 226 and 227 Distinguished – Petitioners challenged rejection of an amendment application by a civil court under Article 226 – Court clarified that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be reviewed under Article 227, as reiterated in Radhey Shy...
Caste Claim – Rejection for Lack of Evidence – Validity Upheld – Petitioner’s claim for belonging to "Mana" Scheduled Tribe was rejected due to discrepancies in ancestral records – Vigilance Cell report found tampered documents wherein "Mani" was altered to "Mana" – Court upheld Committee’s rejection, emphasizing the probative...
Service Law – Age of Superannuation – Classification as Class-III Employee Affirmed - Petitioner contended that he was a Class-IV employee entitled to retire at 60 years instead of 58 years – Court upheld the respondents’ classification, noting that the petitioner worked as a Diesel Mechanic in the pay scale reserved for Class-III employees, making the retirement age of 58 ...
Income Tax – Penalty Proceedings – Defective Notices – Penalties Quashed – Revenue appeals challenge ITAT orders deleting penalties under Section 271(1)(c) for lack of clarity in penalty notices – Court observed that notices failed to specify the exact charge of “concealment of income” or “furnishing inaccurate particulars” – Held: Defect...
Service Law – Deployment Order – Validity Upheld – Petition challenged a deployment order transferring the petitioner to the Belagavi Bench, contending lack of jurisdiction by the Chairman of the Tribunal – Court held that Section 13(1A) of the Administrative Tribunals Act grants wide superintendence powers to the Chairman, including issuing deployment orders – Deploy...
Arbitral Mandate – Application Filed Post Expiry – Section 29A(4) of the Arbitration and Conciliation Act, 1996 – Appeal Allowed - The appellant filed an application under Section 29A(4) for extending the mandate of the Arbitral Tribunal after its expiry. The High Court dismissed the application, citing delay and the absence of a pending extension request before the expiry. Held:...
Civil Law - Recovery of Dues – Burden of Proof – Absence of Proof of Service – Invoice Terms Prevail – Payment Liability Affirmed - The appellant argued non-delivery of courier consignments and failure to provide proof of delivery absolved payment obligations – Respondent claimed proof was to be provided only upon request per invoice terms, which was never sought &nda...
Civil Procedure – Review Petition – Partition of Properties – Order XLVII Rule 1 CPC – The applicants sought a review of the judgment passed in O.S.A. No. 261 of 1995, arguing that the Bishop Garden house and the Bombay furnished flat should not have been considered joint family properties in the partition suit, as they were self-acquired by the applicant – Held: The ...
Motor Vehicles Act – Compensation for Accident – Determination of Just Compensation – Appellant suffered 100% permanent disability due to a road accident caused by a rashly driven lorry – Tribunal awarded Rs.58,09,930/- with 6% interest, excluding Rs.1,00,000/- for future medical expenses – High Court enhanced compensation to Rs.78,16,390/- but retained the interest r...
Service Law - Compassionate Appointment – Inclusion of Widowed Daughter – Discriminatory Exclusion Held Unconstitutional – Petitioner, a widowed daughter, was denied compassionate appointment under BSNL’s scheme – Court held that exclusion of widowed daughters from the definition of “dependent family member” is discriminatory, violative of Articles 14, 15,...