Company Law – Liquidation – Priority of Claims – Appeals filed by workmen challenging the order denying statutory interest on arrears of wages during the liquidation of the company – Appellants argued that workmen should receive interest similar to secured creditors, based on parity under Section 529A of the Companies Act – Held, workmen and secured creditors are pari...
Partnership Law – Dissolution of Partnership – Rights of Outgoing Partner – Suit for Settlement of Accounts – Original plaintiff filed Suit No. 286 of 1978 seeking dissolution and settlement of accounts of a partnership firm, Crystal Transport Service, alleging improper conduct by other partners in diverting firm assets – Trial court's preliminary decree dissolved...
Employment Law – Submission of Qualification Proof – Subsequent Submission Permissible – Petitioner’s candidature for Anganwadi Assistant was rejected due to the absence of her Class Vth mark sheet with the initial application – Court held that the mark sheet submitted during objections to the provisional merit list should have been considered as per precedents &ndash...
Family Pension – Dependency and Entitlement – Petitioners challenged the Tribunal’s order directing the grant of family pension to the respondent – Contention that respondent was not dependent on her father at the time of his death, hence not entitled to family pension – High Court held that dependency is a crucial factor and mere divorce after the pensioner’s d...
Criminal Law – Acquittal – Appeal by State – Murder and Hurt – Judgment of Acquittal Upheld – The State challenged the acquittal of the accused, charged with murdering the deceased by striking him on the head with a wooden log and causing hurt to the deceased's wife – The Trial Court acquitted the accused due to doubts surrounding the presence of key witness...
Service Law - Recruitment Process – Discrepancies in Academic Records – Rejection Overturned – Petitioners challenged their rejection based on alleged errors in converting GPA to percentages for Class 10th marks – Court held that in the absence of a specific conversion formula, petitioners could not be faulted for using a different method than preferred by respondents &ndas...
Right to Travel Abroad - Fundamental Right under Article 21 - Departmental Inquiry Not a Barrier – The petitioner, Neeraj Saxena, sought permission to travel abroad to visit his son in Singapore, despite a pending departmental inquiry. He argued that the right to travel is an inherent part of the "personal liberty" guaranteed by Article 21 of the Constitution of India. The Court ag...
Arbitration – Appointment of Arbitrator – Limitation and Time-barred Claims – Referral Court’s Scope – Petitioner sought appointment of an arbitrator for disputes arising from a Shareholders Agreement after the respondent’s delay in issuing shares and share certificates – Supreme Court examined whether the claims were time-barred for appointment of an arbi...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Service Law – Disciplinary Proceedings – Violation of Rule 7(3) – Inquiry Invalidated – Relief Granted - Appellant faced disciplinary proceedings resulting in major penalties, including censure entry and withholding of increments with cumulative effect. Tribunal quashed the penalty order, finding the inquiry officer failed to record oral evidence, violating Rule 7(3) of the...