Judgements without assigned author

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...
Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to ...
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Judgements without assigned author

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High Court

High Court Dismisses Petition Challenging Conditional Stay on Arbitral Award in Development Agreement Dispute. Court upheld District Court's order requiring deposit of entire award amount with interest for stay under Section 36 of Arbitration and Conciliation Act, 1996, finding no legal infirmity or perversity warranting interference under Article 227 of Constitution of India....

The dispute arose from a development agreement dated 17 November 2015 between the petitioners (developers) and respondents (original owners and stakeholders) concerning land in Pune. The petitioners w...

High Court

High Court Quashes Rejection of Non-Functional Selection Grade Promotion for CRPF Doctor and Orders Fresh Consideration. The court held that rejection orders were non-speaking and violated natural justice by considering uncommunicated Annual Confidential Report gradings below benchmark, under Department of Personnel and Training Office Memoranda and Dynamic Assured Career Progression scheme....

The dispute involved a writ petition filed by Petitioner, a Chief Medical Officer in the Central Reserve Police Force (CRPF), challenging the rejection of her case for grant of Non-Functional Selectio...

High Court

High Court Dismisses Writ Petition Challenging Railway Shoe-Shine Policy and Upholds Tender Process for Cooperative Societies. Policy aimed at generating employment for lower strata through cooperative societies was held not arbitrary, and petitioner's claim for exclusive contract was rejected as right to livelihood does not confer monopoly under Article 21 of the Constitution of India....

The dispute arose from a writ petition filed by Petitioners, a society registered under the Maharashtra Co-operative Societies Act, 1960, against the General Manager and other officials of Central Rai...

High Court

High Court Allows Compensation to Family in Railway Death Case, Reversing Tribunal's Trespassing Finding. Death qualified as untoward incident under Railways Act as Railways failed to prove trespassing despite absence of eyewitnesses, with Station Master's report stating cause 'not known' and deceased possessing season ticket....

The appeal concerned a compensation claim filed by the family members of deceased, who died in a railway incident on 18th March 2011. The deceased, employed at a Rolex watch showroom in Dadar and resi...

Supreme Court

Supreme Court Upholds Acquittal in Kidnapping Case Due to Absence of Formal Charge and Distinct Offence Nature. Conviction Under Section 364 IPC Without Framing Charge Violates Fair Trial Norms as It Is Not a Minor Offence Compared to Section 302 IPC Under Section 222 Cr.P.C....

The State of Uttar Pradesh appealed against the High Court's judgment acquitting Ram Swaroop, who had been convicted by the trial court under Section 364 IPC for kidnapping. The prosecution case was t...

Supreme Court

Supreme Court Upholds Management's Right to Withhold Gratuity in Employment Dispute Over Quarter Retention - Management Entitled to Adjust Penal Rent from Gratuity Under SAIL Gratuity Rules, 1978 When Employees Retain Quarters Beyond Permissible Period....

The Supreme Court of India heard a batch of civil appeals concerning disputes between the management of Steel Authority of India (SAIL) and its retired employees over the withholding of gratuity payme...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Regarding Compensation Assessment - High Court's Reduction of Compensation Set Aside Due to Improper Assessment of Functional Disability Impact on Earning Capacity Under Motor Vehicles Act, 1988....

The appeal arose from a motor accident claim where the appellant-claimant sought enhancement of compensation awarded for injuries sustained in a road accident. On May 5, 2016, the claimant was riding ...

High Court

High Court of Karnataka Dismisses Employer's Writ Petition Against Gratuity Authority Orders Due to Statutory Time Bar. Appellate Authority Correctly Rejected Appeal Filed Beyond 120-Day Maximum Period Under Section 7(7) of Payment of Gratuity Act, 1972, as Special Statute Impliedly Excludes Section 5 of Limitation Act, 1963....

The High Court of Karnataka at Kalaburagi Bench heard a writ petition filed by the Executive Engineer and Managing Director of KNNL against orders passed by authorities under the Payment of Gratuity A...

High Court

High Court of Karnataka Allows Commercial Appeal in Lease Dispute, Holding Petrol Pump Construction Constitutes Commercial Use Under Commercial Courts Act, 2015. The Court Set Aside the Order Returning the Plaint, Finding that the Dispute Arose from an Agreement Relating to Immovable Property Used Exclusively in Trade or Commerce Under Section 2(1)(c)(vii) of the Act....

The appellants filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 of the Code of Civil Procedure, 1908, challenging an order dated 14.03.202...

High Court

High Court Allows Writ Petition for Ex-Gratia Compensation to Legal Heirs of COVID-19 Deceased Government Employee. The court held that the cutoff date in Government Resolution dated 25.04.2022 applies to the date of contracting COVID-19, not the date of death, entitling the petitioners to compensation under Government Resolutions dated 29.05.2020, 14.10.2020, and 25.04.2022....

The dispute involved a writ petition filed by the legal heirs of Santosh Vishnu Shinde, a junior clerk in the Civil Court, Chiplun, who died from COVID-19 on 03.07.2021. The petitioners sought ex-grat...

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