Employees’ Compensation – Pay and Recover Principle – Breach of Policy Terms – Various insurance companies appealed against orders by Commissioners under the Employees’ Compensation Act awarding compensation to claimants despite breaches of policy terms by employers – Held, insurance companies not liable under breached policies must pay claimants first and then ...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
Education Law – Admission – Online Application Submission – Petitioner participated in entrance examination for MBBS, securing rank 41 – Unable to submit online application by deadline due to internet connectivity issues – University rejected her application – Held, petitioner faced genuine difficulty in online submission – No deliberate laches on her part...
Motor Vehicles Act – Amendment of Claim Petition – Enhancement of Compensation – Passenger killed in accident where driver drove car into a tree – Original claim under Section 163-A of MV Act – Application to amend claim under Section 166 filed after 12 years – Insurer objected to delay – Held, Section 163-A allows claims on strict liability basis without ...
Cooperative Societies – Arbitration and Limitation – Refund of Excess Charges – Respondent No. 3, a member of the petitioner-society, sought refund of excess amount charged for a flat and excess interest at 18% instead of the stipulated 12% – Registrar, Cooperative Societies directed refund of excess amount – Petitioner claimed the reference was time-barred under Sect...
Military Law – Disability Pension – Casual Leave – Petitioner, a military personnel, suffered multiple injuries leading to a 20% permanent disability while on casual leave – Accident occurred in Cantonment Area, struck by an army truck – Disability pension claim rejected on the grounds that the injury was not attributable to or aggravated by service – Held, pers...
Execution of Decrees – Transfer of Execution Proceedings – Jurisdiction – Petitioner, judgment debtor, challenged the order of the District Judge transferring execution proceedings from the Civil Judge (Junior Division) to the Civil Judge (Senior Division) due to administrative exigencies – Held, District Judge has the power to supervise and control execution of decrees and...
Criminal Law – Honour Killing – Formation of SIT – Petitioner married inter-caste and his wife was abducted and later killed – Complaint named eleven suspects, but no action taken initially – Police later registered a case and charged five individuals – Petitioner sought investigation by a senior officer of SSP rank – Held, inter-caste marriages must be su...
Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Te...
Land Acquisition – Oustees Policy – Discrimination – Appellants' land acquired in 1976 for urban estate development – Government policy entitles oustees to preferential allotment of residential plots if they lack other residential properties – Initial applications made in 1981, with further public notices in 1983 – PUDA allotted a 100 square yard plot at 199...