Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....
Service Law – Change of Date of Birth – Delay and Laches – Application for change of date of birth in service records must comply with relevant statutory provisions – Karnataka State Servants (Determination of Age) Act mandates application within three years from date of birth recording or within one year from Act commencement – Employee's application made 24 year...
Employee Benefits - Grant of UGC Pay Scale - Discrepancy in granting UGC pay scale benefits to retired employees - Benefit granted to similarly placed retired employee previously - Inconsistent application of government orders - Writ petition filed challenging denial of UGC pay scale benefits - High Court judgment relied on Government Order dated 4th July 2008 - In another case, a similar benefit ...
Customs Act – Mis-declaration of Goods – Anti-dumping Duty – Show cause notices alleged mis-declaration of imported goods as 'Lutex – 701' and 'Lutex – 780' – Tests revealed goods were SBR of 1900 series – Tribunal set aside anti-dumping duty demand – Supreme Court found Tribunal's findings contrary to record – Goods liable ...
Societies Registration Act – Power of Registrar to cancel registration – Conflict over control of a school between Chinese tannery owners in Kolkata – Registrar's authority to cancel registration questioned – Appellant claims no connection between Chinese Tannery Owners’ Association and Pei May Chinese High School – Allegations of forgery and fabrication &nd...
Coal Mines (Special Provisions) Act – Section 11 Interpretation – Successful allottee's discretion – Supreme Court held successful bidder has complete freedom to adopt or reject existing contracts related to coal mining operations – No obligation to continue with prior contracts unless elected – Statutory provision prevails over any conflicting contractual clause ...
Financial Crisis – COVID-19 Impact – Sree Padmanabha Swamy Temple faced financial crisis due to lockdown and lack of income – Routine rituals and salaries continued despite closure – Administrative Committee reported financial constraints and sought aid from Trust and Government [Paras 1A].
Special Audit – Compliance with Supreme Court Order – Special audit f...
Civil Appeal – Restoration of Miscellaneous Civil Applications – Appellants challenge the High Court's decision allowing the restoration of a dismissed MCA – History of repeated dismissals for non-prosecution in the High Court – Appellants argue against the casual approach of the High Court in allowing the restoration. [Para 1, 6-8]
Employment and Property ...
Industrial Disputes – Dismissal of Workmen – Disciplinary proceedings during conciliation – Supreme Court held Section 33(2)(b) ID Act applicable where misconduct not connected with the dispute – Misconduct related to vandalism of employer's property – Rejected Assistant Commissioner's finding requiring prior approval under Section 33(1)(b) – Appeal allo...
Arbitration – Appointment of Arbitrator – Parties agreed on existence of arbitration agreements – Disputes arose under Construction Management Agreements – Respondents denied arbitrable dispute under said agreements, claimed it arose under Share Purchase Agreements – Supreme Court held disputes fell under CMAs' arbitration clauses – Narrow scope of review un...