Administrative Law - Jurisdiction of State Commissions – Writ Petition under Articles 226/227 – Petition filed against the Punjab State Scheduled Caste Commission’s order directing the promotion of an employee – Commission directed that respondent be promoted as Senior Executive Engineer – Held, the Commission lacks the authority to issue such directions – Commi...
Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...
Civil Procedure – Rejection of Plaint – The petitioner challenged the Trial Court's decision under Order VII Rule 11 CPC, which dismissed the plaint for lack of jurisdiction, stating that the plaintiff had not provided documentary evidence of loan repayment and was thus barred under Section 34 of the SARFAESI Act – The Trial Court exceeded its jurisdiction by making observati...
Service Law – Acquittal and Departmental Proceedings – Impact of Criminal Acquittal on Disciplinary Actions – Petitioners acquitted in criminal trial seek reinstatement with same rank and benefits – Petition dismissed – Petitioner seeking quashing of the charge-sheet and office order imposing penalties on the petitioners – Petitioners contended that their acquit...
Civil Procedure – Power to Amend and Strike Out Issues – Petition challenging the trial court’s order deleting certain issues in a civil suit and denying further cross-examination – High Court examined the validity of the trial court's suo moto deletion of issues and refusal to recall a witness for cross-examination on additional documents – Court reinstated two i...
Master Circular on Wilful Defaulters – Interpretation and Application – Forensic Audit Report – Validity and Reliance – Writ petitions challenging the decision of the Willful Defaulter Identification Committee and the Review Committee (RC) of the Central Bank of India declaring the petitioners as willful defaulters. The main evidence relied upon by the First Committee was a...
Civil Procedure – Restitution after decree modification – Civil Appeal against refusal of restitution despite modification of original decree – Original decree for money recovery executed and property auctioned – Appellate court modified the decree reducing the decretal amount – Appellant sought restitution under Section 144 CPC as the executed sale now overshoots the...
Companies Act – Appeal under Section 483 against Rejection of Statutory Interest Claim by Workmen – Jharkhand High Court upheld the decision of the Single Judge rejecting the workmen’s claim for statutory interest under Rule 156 of the Companies (Court) Rules, 1959 – The Court found no error in the previous order as the claim for interest was not raised or adjudicated upon ...
Labour Law - Industrial Dispute - Reference under Section 10(1)(c) and 10(2A) of Industrial Disputes Act, 1947 - Pending Miscellaneous Cases - Labour Court Adjudication – High Court upheld the reference made by the State Government to the Labour Court regarding the dismissal of the respondent-workman despite the pendency of Miscellaneous Cases under Section 33(2)(b) and Section 33-A before t...
Civil Procedure – Rejection of Plaint – Jurisdiction of Civil Court – Appellants sought permanent prohibitory injunction against interference with possession of suit land declared as evacuee property – Trial court rejected plaint citing lack of jurisdiction under J&K State Evacuees’ (Administration of Property) Act, Svt. 2006 – Rejection upheld by First Appe...