Labour Law – Termination – Section 25F Industrial Disputes Act – Reinstatement vs. Compensation – Labour Court found termination of petitioner illegal but granted compensation instead of reinstatement – Petitioner sought reinstatement with back wages – High Court upheld Labour Court’s decision, citing that compensation can be an appropriate remedy for dail...
Landlord-Tenant Relationship – Mesne Profits – Assessment – BPCL and M/s. Forbes Gokak Ltd. were involved in a dispute over mesne profits following BPCL’s occupation of leased premises. BPCL sought a reduction in mesne profits, while the landlord sought an increase. The court upheld the trial court's assessment of mesne profits, determining that the amount fixed (rangin...
Writ Jurisdiction – Tender Process – Preferential Policy – Petitioner, a micro enterprise registered under Udyam, challenged the tender terms for excluding it from the benefits under Assam Procurement Preference Policy, 2021, and the Procurement Preferential Order, 2017 – Court found that the petitioner did not meet the eligibility requirement of 10 years of existence as st...
Civil Procedure – Appeal Dismissed on Grounds of Limitation – Article 227 of the Constitution – Petitioners challenged the dismissal of their appeal, which was filed 8 years and 8 months after the preliminary decree for partition – They argued that they were unaware of their legal rights and alleged fraud on part of the respondents – Held: The petitioners were aware o...
Civil Procedure – Jurisdiction Clause – Exclusive Jurisdiction Clauses in International Contracts – Whether an Indian court can exercise jurisdiction despite an exclusive jurisdiction clause in favor of English courts – Held, the lease agreements allowed the respondents to approach courts where the assets were located, in this case, India – The court's jurisdictio...
Employees Compensation Act – Ex Parte Award – Set Aside – The respondent, Abdul Rehman Naik, filed a claim petition under Section 3 of the Workmen Compensation Act, 1923, alleging injuries sustained during his employment with the appellant – An ex parte award was passed in favor of the respondent without proper service of notice to the appellant or any authorized representa...
Motor Accident Claims – Compensation – Enhancement of Compensation – Petitioner injured in auto rickshaw accident – Tribunal awarded Rs.1,44,400/-; petitioner sought higher compensation – Court reassessed damages under multiple heads, including future income loss – Enhanced compensation to Rs.2,10,500/- – Insurance Company held liable despite expired fitne...
Property Law – Settlement Deed vs. Will – Determination of Document Nature – Dispute concerning whether Ex.A.2 is a settlement deed or a will. Lower appellate court held it to be a settlement deed, creating vested rights in praesenti. Appellant contended that the document’s nomenclature should not determine its nature, but the contents should be examined – Court affir...
Absence of Prayer for Cancellation of Sale Deed – Not Fatal to Plaintiff’s Case – The defendant argued that the plaintiff’s failure to seek cancellation of the sale deed under Section 31 of the Specific Relief Act was fatal to the case – The Court held that the plaintiff’s prayer for declaration that the sale deed was executed as security was sufficient, and no ...
Probate Petition – Will dated 28.12.1968 – The petitioners sought probate of the Will executed by Late V. Subramania Mudaliar, leaving the suit property to his daughter Saroja @ Pattammal, disinheriting his sons – The Will was challenged on the grounds of forgery and lack of due execution – The Court upheld the validity of the Will, noting that the legal heirs were aware of...