Search Results for "Pleading and evidence"

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High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Allows Appeal by Employee in Wrongful Termination Case Against Standard Chartered Bank — Industrial Tribunal's Award Restored. Employee's Termination Held Illegal as Bank Failed to Prove Misconduct and Did Not Follow Principles of Natural Justice.

The appellant, Vandana Joshi, was appointed as Personal Financial Consultant by Standard Chartered Bank Ltd. on 2nd May 2006 on a permanent post with ...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Supreme Court Dismisses Review Petitions in Interest on Delayed Payments Case — Limitation Bar Upheld. Payment under Section 19 of Limitation Act, 1963 requires pleading and proof; Section 14 exclusion not available for different entity.

The Supreme Court dismissed three review petitions filed against its common judgment dated 23.01.2019, which had dismissed civil appeals by M/s Shanti...

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Bombay High Court Allows Section 17-B Application for Six Workmen in Industrial Dispute — Employer Must Pay Full Wages Pending Writ. Workmen's Affidavits of Unemployment Sufficient; No Need to Plead Not Gainfully Employed in Original Affidavit.

The case involves a Civil Application under Section 17-B of the Industrial Disputes Act, 1947, filed by Kirloskar Pneumatic Kamgar Sangh (the Union) o...