Civil Appeal - Challenge to the High Court's order in a Writ Appeal - Appellant's representation for appointment as Assistant Engineer and seniority dispute - Appellant's appointment as Assistant Engineer - Seniority dispute between appellant and private-respondents - Chief Engineer's provisional and final seniority lists - Promotion and correction of promotion dates - Writ petitio...
Workmen's Compensation – Calculation of Wages – Deceased workman was earning Rs. 2400 per month plus Rs. 25 daily for food expenses – High Court erred in reducing the compensation based on minimum wage without evidence – Supreme Court restores compensation to original amount [Paras 1-9].
Interest on Compensation – Section 4A – Compensation becomes due fro...
Electricity Law – Captive Consumers – Additional Surcharge – Captive consumers/users are not liable to pay additional surcharge under Section 42(4) of the Electricity Act, 2003 – Section 9 permits captive generation and distribution to captive users without State Commission's permission – Appellate Tribunal's decision upheld [Paras 1-15].
Statutory Interpre...
Employment Law – Wrongful Termination – Reinstatement without Back Wages – High Court ordered reinstatement but denied back wages – Supreme Court addresses whether denial of back wages was justified – Back wages are generally awarded in cases of wrongful termination unless specific circumstances justify otherwise [Paras 1-11].
Burden of Proof – Gainful Employ...
Succession Law – Will Execution – Validity – Execution of will (Ex-P1) by testator E. Srinivasa Pillai questioned – Appellants argue will is concocted, testator was paralyzed and bedridden before death – Respondents fail to prove will to Court’s satisfaction – Division Bench reverses Trial Court judgment without detailed reasoning [Paras 1-23].
Proof of...
Consumer Protection – Deficiency in Service – Mediclaim policy – Insurer failed to disclose changes in policy conditions at the time of renewal – Duty to inform policyholders about limitations being imposed in the renewed policy – Failure resulted in deficiency of service – NCDRC's order set aside; District Forum's order restored [Paras 1-12, 16-17, 23-2...
Environmental Law – Ex Post Facto Environmental Clearance – Central Government's power to grant ex post facto EC under Section 3 of the Environment (Protection) Act, 1986 – Generally disfavored but permissible in specific circumstances with strict compliance to environmental norms – High Court's decision vacating interim orders allowing operation set aside – E...
Service Tax – Banking and Financial Services – Interchange Fee – Whether the interchange fee received by the issuing bank (Citi Bank) from the acquiring bank in credit card transactions is subject to service tax – Tribunal relied on the decision in M/s ABN Amro Bank NV v. Commissioner of Central Excise, Customs and Service Tax, Noida, holding interchange fee not liable to s...
Consumer Protection – Amendment of Complaint – Insurer's repudiation of claim after complaint filed – Whether appellant can be compelled to amend complaint to challenge repudiation – Appellant contends relief sought includes payment of due amount, making amendment unnecessary – NCDRC erred in directing amendment and allowing written statement – Appellant sho...
Property Dispute – Sale Deed – Transfer of Title and Possession – Recitals in Sale Deed – Whether title and ownership passed to the plaintiff on the date of Sale Deed – Validity of unilateral cancellation deed executed by the first defendant – Effect of subsequent Gift Deed – Examination of recitals in Sale Deed to determine the nature of the transaction. ...