Insurance Law - Insurance claim dispute – Alleged breach of insurance policy conditions – Immediate notice of theft given to the insurance company – Whether a delay in intimating the insurance company about the theft constitutes a fundamental breach of Condition No.1 of the insurance policy – Court’s interpretation of Condition No.1 and reliance on previous judgments ...
Civil Appeal – Review Petitions – Challenge to a common judgment and order dated 06.09.2022 passed by this Court in Civil Appeal No. 1661 of 2020 and Civil Appeal No. 2568 of 2020 – Review Petitioners aggrieved by the judgment seek a review – Scope of review discussed. [Para 1-6]
Review Jurisdiction – The power to review judgments is conferred by Article 137 of the...
Civil Procedure – Res Judicata – Previous proceedings had concluded on the issue of title against the respondent (KIC) – Trial court rightly rejected subsequent suit on the same issue – High Court erred in setting aside the trial court's rejection of plaint – Appeal allowed [Paras 16-21].
Civil Procedure – Order 2 Rule 2 CPC – Respondent's omiss...
Employment Law – Misconduct and Reinstatement – Conductor failed to issue tickets to 17 passengers – Tribunal and High Court directed reinstatement with 50% back wages – Supreme Court found that the representative of the employer was not cross-examined on key points – Evidence of misconduct was not disputed – Orders of Tribunal and High Court set aside – A...
Civil Appeal – Pay Scale Parity – Appeal by Union of India against High Court order granting pay scale parity to Ordnance Factory Board (OFB) employees with Central Secretariat Service (CSS) employees – High Court’s decision based on recommendations of VIth Central Pay Commission and historical parity. [Para 1-3, 11]
Judicial Review – Limited scope in matters of pa...
Ceiling Act - Surplus land declaration and vesting - Dispute regarding possession of surplus land - Original petitioner filed a writ petition challenging the order declaring the land surplus and the vesting notification - High Court refrained from deciding the issue of possession in earlier rounds of litigation - Serious dispute between parties on the question of possession - Delay of about seven ...
Motor Accident – Compensation Reduction – Deceased aged 33 years at the time of death – High Court reduced compensation from Rs. 22,60,000 to Rs. 17,00,000 without assigning reasons – Supreme Court recalculated compensation considering loss of future prospects, spousal consortium, and conventional expenses – Total compensation determined as Rs. 31,01,000 [Paras 1-16]....
Disability Assessment - Evaluation of disability claims by Medical Board - Reports issued by the Medical Board upholding the claim of petitioners as persons with disabilities - No further clarification deemed necessary - Petitioners' claims upheld. [Para 1-3]
Admission of Disabled Students - Direction to treat the petitioners as persons with disabilities and consider their applications for ...
Seniority – Challenge to Seniority Lists – Junior Engineers from different streams (Agriculture, Mechanical, Civil) – Seniority list prepared based on dates of receiving select lists – Appellants argued combined merit list should have been prepared – Seniority list prepared contrary to Rules 1991 – Delay in challenge not unreasonable – Division Bench of Hi...
Arbitration – Interpretation of contract clause – Petitioner challenged the interpretation of Clause XII of the agreement by the learned Arbitrator – Reliance on a prior decision of the Supreme Court - Argument that the decision was ignored by the Courts dealing with remedies under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Examining the relevant cla...