Service Law – Compulsory Retirement – Bank Manager charged with sanctioning and disbursing loans irregularly without following due procedure – Misappropriation and disbursing loans to units without business, multiple loans to family members – Enquiry Officer found charges proved – Disciplinary authority imposed compulsory retirement, accepted by appellate authority an...
Civil Law – Suit for Injunction – Plaintiff sought injunction to prevent defendants from disturbing possession – Defendants contested, claiming title and possession – Trial court granted injunction based on plaintiff’s possession – First Appellate Court reversed, questioning validity of power of attorney and sale deed – High Court restored trial court&rsqu...
Election petition - Non-compliance with the requirement of stating material facts - Dismissal of election petition - In an election petition, it is mandatory to state material facts on which the petitioner relies, constituting a cause of action - Omission of a single material fact leads to an incomplete cause of action and renders the petition liable to be dismissed - Election petition must contai...
Insolvency – CIRP Suspension – Applicability of Section 10A – Appeal against NCLAT ruling that Section 10A bars applications filed for defaults occurring on or after March 25, 2020 – Supreme Court held Section 10A applies retrospectively to defaults occurring on or after March 25, 2020, regardless of when the application was filed – Purpose of Section 10A is to preven...
Corporate Law - Insolvency and Bankruptcy Code, 2016 - Whether the resolution plan can dilute, negate, or override the pledge agreement because a resolution plan to this effect has been approved by the Committee of Creditors (CoC) - Whether the Appellant No. 1 can be treated as a financial creditor under the Insolvency and Bankruptcy Code – Held - Appellant No. 1 - Vistra, a secured creditor...
Disability Compensation – Heart Ailment – Seaman's claim for disability compensation due to Dilated Cardiomyopathy under the National Maritime Board Agreement – Supreme Court held heart ailment not covered as "injury" under Clause 5.9.F(ii) of the Agreement – Appellant's condition does not fall within the ambit of specified disabilities under either the 19...
Negotiable Instruments – Dishonour of Cheque – Presumption – High Court reversed acquittal by trial court – Supreme Court held once signatures on the cheque are established, statutory presumption under Sections 118 and 139 NI Act applies – Trial court erred in questioning complainant's evidence on source of funds – Presumption of debt shifts burden to accuse...
Civil Appeal – Application for directions to issue Sale letter – Applicant (original Respondent No.6) seeking Sale letter for property based on full and final payment of auction amount with interest – Multiple extensions sought by the Applicant – Compliance with statutory provisions and court orders questioned – Application for directions questioned on grounds of main...
Forest Law – Compensation for Dispossession – Appellants challenged the High Court's direction to pay compensation to respondents for land declared non-vested under the 1971 Act but later as ecologically fragile under the 2003 Act – Supreme Court held respondents entitled to compensation for loss of enjoyment and benefits of the land prior to 2003 enactment – Directed p...
Civil Appeal – Workmen Compensation Act – Appeal against High Court’s decision to set aside the Commissioner’s award of compensation to the legal representatives of a deceased employee – Appellants are the mother and wife of the deceased. [Para 1-2]
Employment Status – Deceased was allegedly an employee of Kutch Carrier, drawing a salary of ₹4000 per month ...