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 ...
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...
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...
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...
Jurisdiction of Lokayukta – Scope under Section 8(1) of the Maharashtra Lokayukta and Upa-Lokayuktas Act – The Lokayukta's power to investigate pertains to administrative actions involving public servants. However, in this case, the dispute regarding the sugarcane supply payments between the petitioners and respondent No.1, rooted in an inheritance issue, was already pending in civ...
Review Application – Scope of Review – Order 47 Rule 1 CPC – The applicants sought a review of the court's judgment dismissing their plea for enhanced compensation for acquired land in light of the Full Bench decision in Gajraj Singh vs. State of U.P. Held: Review is limited to the discovery of new evidence, error apparent on the face of the record, or analogous grounds. The ...
Family Law – Guardianship – Jurisdiction of Family Court – The appellant, Amit Dhansing Jagtap & Ors., challenged the jurisdiction of the Family Court, Navsari, which rejected their application under Exh.14 – The custody of minor Varad was disputed between the father and maternal grandparents after the death of the mother – Appellants claimed that Varad resided in...
Auction Sale – Setting Aside of Auction – Equitable Relief Granted – The auction sale in favor of the appellant was set aside on equitable grounds after the borrowers repaid the amount due to the bank. The High Court’s decision was not based on any illegality of the auction but on the equitable consideration that the debt had been repaid shortly after filing of the writ pet...
Regulatory Law – Maintainability of Appeal – Statutory Authority – Airports Economic Regulatory Authority of India (AERA) filed appeals under Section 31 of the AERA Act against the decisions of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) – Respondents objected to the maintainability of the appeals, arguing that AERA, being a quasi-judicial body, cannot ch...