Arbitration – Appointment of Arbitrator – Section 11(5), Arbitration and Conciliation Act, 1996 – Non-signatories bound by Arbitration Clause – Petition for appointment of Justice T.S. Thakur as arbitrator – Held: Non-signatories can be bound by an arbitration agreement if they actively participated in the contract's performance and had a substantial role in the a...
Civil Writ - Blacklisting – Quashing of Order – Allegations of Bribery – Petitioner-firm's contract was terminated, and the firm was blacklisted for five years due to a viral video alleging bribery by its audit team – Held: The termination and blacklisting were based on presumptions and unsupported by any material evidence – The enquiry officer failed to confirm a...
Lease Extension – Public Premises – Petitioners sought extension of lease and cancellation of eviction notices – Original lease granted in compliance with court order, with token licence fee – High Court held that authority must provide alternative accommodation if eviction proceeds under the Public Premises Act [Paras 1-18].
Lease Renewal – Authority&rsq...
Service Law – Regularization of NMRs/Daily Wage Workers – Eligibility for Regularization – Continuous Service for Over 10 Years – Petitioners employed as NMRs/daily wage employees claimed regularization based on the principle that they had completed more than 10 years of continuous service without interruption and were allowed to draw time scale and benefits on par with reg...
Motor Accident Claim – Involvement of the Vehicle – Standard of Proof – Appeals by the insurance company challenging the involvement of the vehicle in the accident, alleging it was a hit-and-run case – The claimants argued the vehicle's involvement was established based on witness testimony – Held: The Tribunal’s award was upheld as the claimants proved the ...
Civil Procedure – Rejection of Plaint – Application for rejection of plaint under Order VII Rule 11(b) of CPC dismissed due to counsel’s absence – Petitioner's application to recall dismissal rejected without reason – Court found impugned orders non-speaking and lacking judicial reasoning – Orders set aside and matter remanded for re-consideration [Paras 1-8...
Labour Law – Termination Without Enquiry – The case involved the termination of employees by M/s. Advani Oerlikon Ltd. without conducting a formal enquiry – The Labour Court upheld the termination, and the Industrial Court dismissed the revision applications – The High Court held that even in the absence of a prior enquiry, the employer can justify the termination by leadin...
Service Law – Revised Pension – Interest on Delayed Payment – Claim by Retired Lecturers of Government Aided Private Colleges – Denied – Appellants, retired lecturers, claimed interest on delayed payment of revised pension with effect from 01.01.2006 – High Court dismissed their claim, labeling them "fence-sitters" as they initiated legal action only a...
Labour Law – Termination of Services – Reinstatement with Full Back Wages – Section 25F of ID Act – Illegal Termination – The Labour Court ordered reinstatement with full back wages for the workman Manoj Kumar, who was engaged on an ad-hoc basis as a sweeper and terminated without following the proper procedure under Section 25F of the ID Act – Held: The termina...
Civil Procedure – Judgment on Admissions – Order XII Rule 6 of CPC – The petitioners, plaintiffs in the suit for permanent injunction, sought a judgment under Order XII Rule 6 based on alleged admissions made by the defendants regarding possession of the suit property – The trial court rejected the application, holding that the admissions were not unconditional – Held...