Civil Appeal – Pension Entitlement of Contractual Employees – Appellant challenges High Court’s judgment granting pensionary benefits to contractual employees – Interpretation of Rule 2 and Rule 17 of the CCS Pension Rules, 1972 – Rule 2’s opening phrase “Save as otherwise provided in these rules” permits the application of other provisions – R...
Punjab Village Common Lands (Regulation) Act, 1961 - Unauthorized occupation of Hadda Rori land - Demarcation of land - Eviction - Delay in demarcation by respondents - Writ petition seeking mandamus for expeditious demarcation and subsequent legal action - Valid demarcation report necessary to establish claim before Competent Authority - Court allows the writ petition and directs empowered Revenu...
Electricity Supply – Contract Load Reduction – The respondent, a small-scale industry, requested a reduction in its sanctioned electricity load from 4000 KVA to 1325 KVA due to issues such as frequent trippings and load shedding. The Jharkhand State Electricity Board (JSEB) rejected the request, citing an agreement clause preventing load reduction within three years of a fresh agreemen...
Motor Vehicles Act, 1988 – Compensation – Enhancement – Assessment of compensation by the Motor Vehicles Claims Tribunal – Appeal before the High Court – Appeal before the Supreme Court – Assessment of quantum of compensation – Consideration of evidence – Error in assessing income and disability – Revision of compensation awarded – Additi...
Land Acquisition Act, 1956 - Apportionment of compensation - Principles and procedures - Scope and jurisdiction of the competent authority - Powers of the District Magistrate - Role of the Principal Civil Court of original jurisdiction - Reference to Sections 30 and 31 of the Land Acquisition Act, 1894 - Decision in Sharda Devi v. State of Bihar - (28) Judgment highlighting that apportio...
Land Acquisition – Specific Performance – Compensation – The appellant executed an agreement to sell land to the respondent, which was later acquired by the state. The courts below granted specific performance. The High Court modified this to grant compensation awarded under the Land Acquisition Act, with deductions for expenses incurred by the original landowner. The Supreme Cou...
Employees’ Provident Fund Act Interpretation – Applicability of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, to an establishment engaged in manufacturing, assembling, and selling umbrellas – Central Government’s notification under clause (b) of sub-Section (3) of Section 1 of the 1952 Act includes ‘trading and commercial establishments&r...
Environmental Law – Protection of Endangered Species – Great Indian Bustard and Lesser Florican facing extinction due to collisions with overhead power lines – Interim directions issued for installation of bird divertors and conversion of overhead cables into underground powerlines where feasible – Emphasis on ecocentric approach and sustainable development – Specific...
Civil Appeal – Pay Protection – Appellant's claim for pay protection – Appellant appointed as a Lecturer in English at the 1st respondent college – Dispute arises regarding pay protection – Single Judge of the High Court grants pay protection – Division Bench of the High Court overturns the decision – Appeal filed in the Supreme Court. [Para 1]
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Insurance Claim – Prawn Cultivation – Repudiation of claim by insurance company – Calculation of admissible loss – Methods of computation as per insurance policy – Application of principles of good faith and fair dealing in insurance contracts – Relevance of death certificate issued by independent authorities – Quantum of claim and interest – Appeal ...