Insurance Law - Breach of Terms and Conditions - Writ Petition under Article 226 - The petitioner, Oriental Insurance Company, challenged the Permanent Lok Adalat's award granting 50% of the insurance claim to the claimant despite the vehicle being used for commercial purposes, which was a breach of the insurance policy terms. The Court held that compensation on a non-standard basis is applica...
Pension Benefits – Family Pension – Eligibility of a widowed daughter of a deceased teacher of a Non-Government College – Dispute regarding the entitlement to family pension – Petitioner’s mother, a lecturer in a Non-Government College, received pension until her demise – After the petitioner’s husband’s death, she sought family pension – Direc...
Taxation Law - Tax Demand – Setting Aside of Arbitrary Tax Demand: Petitioner challenged tax demand of Rs. 21,50,150/- for AY 2012-13 raised by respondent – Employer deducted tax but failed to deposit with revenue – Reliance on Section 205 of the Income Tax Act and pertinent judgments – Held, demand set aside as petitioner cannot be penalized for employer’s non-compli...
Industrial Disputes Act – Strike by workers – Entitlement to wages during the strike period – Tribunal’s award granting 50% wages during an illegal strike challenged – Principles of law regarding payment of wages during work stoppages due to strikes discussed. [Para 8]
Industrial Tribunal’s Award – Failure to consider relevant factors – Disregard ...
Majibullah Mohammad Haneef challenges his extradition to Oman on allegations of murder involving an Omani national and his family - Arrest under Section 34-B of the Extradition Act, 1962 - Formal extradition request from Oman - Inquiry by Additional Chief Metropolitan Magistrate, New Delhi - Magistrate concludes dual criminality principle satisfied, prima facie case against petitioner - Authentica...
Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]
Predicate Offences – Compounding and Q...
Petitioner’s Appointment and Subsequent Cancellation – Petitioner appointed as Patwari following advertisement dated 17.1.2020 – Appointment cancelled due to past criminal convictions revealed during police verification – Petitioner convicted in two cases under IPC sections 147, 149, 447, 323, 325 but given probation under the Probation of Offenders Act, 1958. [Para 1-2]
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Promotion Eligibility – Kerala Water Authority Assistant Engineers – Determination of eligibility for further promotion based on entry quota (Degree or Diploma) for Assistant Engineers. Assessment of legal validity of Ext.P12 Final Seniority List including Diploma holders for further promotion. [Para 1-4, 13-14]
Kerala Public Health Engineering Service Rules – Analys...
Corporate Insolvency Resolution Process – Associate Decor Limited – Challenge to the minutes of the 22nd Committee of Creditors meeting for being non est and illegal – Petitioner contending inadequate notice period for Committee of Creditors’ meeting contrary to Section 24 of the Insolvency and Bankruptcy Code and Regulation 19 of the IBBI Regulations. [Paras 3, 7, 9, 13-15...
Writ Petition – Pay Anomaly Correction – Petition for equalizing petitioner's pay with that of a junior colleague – Petitioner, a retired 'Process Server', sought parity in pay with respondent no. 4, who drew higher pay at retirement. [Para 1-4, 9]
Judicial Precedent – Reference to Similar Cases – Citing instances of pay correction i...