Service Law – Appointment Denial – Petitioner selected for the post of Fireman, but denied appointment based on alleged suppression of criminal involvement in his application – FIR was registered against the petitioner after submission of the application – Petitioner was acquitted in the criminal case due to lack of evidence – Held: There was no suppression of materia...
Civil Service – Seniority Dispute – Promotion – Appointment as In-charge Principal Quashed – The appellant was appointed as the In-charge Principal of a school through an order dated 30.03.2023, which was challenged by the respondent on the ground of seniority – The Single Judge quashed the appointment due to the appellant being junior – Held: The appellate cour...
Corporate Insolvency – Disqualification from Coal Mine Auctions – Appeal against the judgment of the Single Judge allowing the respondent to participate in future coal mine auctions despite outstanding dues – Appellant (Union of India) claimed that respondent (OCL Iron and Steel Ltd.) failed to renew the Performance Bank Guarantee (PBG) leading to a demand of Rs.92.25 crore &ndas...
Trade Marks Law – Opposition to Registration – The appellant, "M/s Abbott GmbH," opposed the registration of the mark "MEBUFEN" by respondent No.2, "M/s Meridian Medicare Ltd.," on grounds of deceptive similarity with their mark "BRUFEN" – The Registrar of Trademarks dismissed the opposition and granted registration to "MEBUFEN" &...
Promissory Note – Execution and Consideration – Burden of Proof – Second Appeal allowed – The plaintiff claimed that the defendant had borrowed Rs. 1,50,000 by executing a promissory note (Ex-A.1), which the defendant denied, alleging forgery – The Trial Court and First Appellate Court decreed the suit in favor of the plaintiff based on the defendant’s admission...
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...
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...
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...
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...
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...