Definition of ‘Workman’ – Interpretation – Held –Court clarifies that mere absence of power to appoint, dismiss, or hold disciplinary inquiries does not alone determine whether a person is a ‘workman’ under Section 2(s) of the Industrial Disputes Act. The decision in Ved Prakash Gupta relied on by the High Court is distinguished. The Court notes the need f...
Land Reforms Act and Surplus Land Computation – Interpretation and Application – The Supreme Court affirms the High Court's interpretation of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The judgment upheld the High Court's decision that the state cannot reopen the holdings of the purchasers/petitioners under the pretext of computing the holding...
Decree Execution and Limitation Issue – Appellants’ challenge to the High Court's decision affirming Munsiff Court's dismissal of execution application as time-barred - Pertaining to a property possession decree dated 10.12.1986, with finality attained on 09.11.2000 - Execution application filed on 18.12.2000, initially rejected by Tehsildar for jurisdictional reasons, later fi...
Jurisdiction of Civil Court – Regular Second Appeal – Analysis of Jurisdiction Issue – Held – Civil Court had jurisdiction to try and entertain the present suit. Evidence of jurisdiction not contested by the defendant-appellant at Trial Court, and not pressed at the First Appellate Court, thereby affirming Trial Court’s decision on jurisdiction. [Para 8]
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Alleged Non-Disclosure and Health Issues – Appellant's contention that respondent concealed her age and health condition; trial court finds lack of substantive evidence – Inadequate proof of respondent's pre-marriage surgery and health condition; appellant's claims uncorroborated by documents – Allegations deemed as cruelty towards respondent [Paras 3, 5, 30].
Alle...
Trade Mark Infringement – Permanent Injunction – Well-known Mark Declaration – Suit against Unauthorized Use of Trademark 'HALDIRAM' and 'HALDIRAM BHUJIAWALA' – Plaintiffs, Haldiram India Pvt. Ltd., seek permanent injunction against Defendants for infringing upon their registered trademarks and for passing off their products as those of Plaintiffs – Pl...
Promotion and Seniority Issue - Challenge against HQ DG BSF order dated February 12, 2015, for non-restoration of seniority - Petitioner's ACRs for 2005-06 & 2007-08 initially marked below benchmark, leading to his non-inclusion in promotion list - ACRs later upgraded on representation - Petitioner contends supersession due to non-communication of below benchmark ACRs and seeks promotion w...
Live-in Relationship - Protection of Life and Liberty - Article 21 of the Constitution of India - Entitlement to Protection: The petitioners, involved in a live-in relationship, seek protection of their life and liberty. The court acknowledges the right to life and liberty as enshrined in the Constitution, including the freedom to choose a partner, whether through marriage or a live-in relationshi...
Marriage and Divorce - Appeal challenging Family Court's decision on property ownership - Facts surrounding the purchase of disputed Juhu Flat and tenancy of Cuffe Parade Flat - Family Court's dismissal of Mrs. Rajeshri V. Mahesh's judicial separation petition and decree of divorce in favor of Respondent, based on grounds under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage A...
Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].
Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s dea...