Service Law - Administrative Law – Public Employment – Dismissal for Fraudulent Appointments – Petitioners were appointed as Chowkidars based on a newspaper advertisement issued in “Komi Den Sangrur” – Their appointments were later annulled due to non-compliance with procedural rules, including the lack of proper advertisement and merit list – The inquiry ...
Permanent Lok Adalat – Scope of Jurisdiction – Complex Legal and Factual Issues – Petition Dismissed – The petitioners sought quashing of orders passed by the Permanent Lok Adalat (Public Utility Services) in a dispute concerning a housing loan and the rejection of an insurance claim after the co-applicant’s death – The Court held that the Permanent Lok Adalat h...
Advocate Appearance – Recording of Advocate’s Name in Order Sheets – Petition by a practicing advocate aggrieved by the omission of his name from orders in the Patiala House Court – Petitioner contended that despite several attempts, his appearances were not being recorded – Court observed that recording advocate names is crucial for professional acknowledgment and el...
Family Law - Customary Divorce - Validity and Proof - Second Appeal: The appellant, Anarkali, contended that she was the legally wedded wife of Late Rampal until his death, arguing against the claim of customary divorce (Chhoda Chhutti) by the respondent no.1, Siyawati. The court held that the existence and recognition of the custom must be specifically pleaded and proved by cogent evidence. The f...
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...
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...
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...
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...
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...