Issue for Consideration Whether the High Court erred in reducing the percentage of disability as per the Employees’ Compensation Act, 1923 while determining the compensation. Headnotes† Employees’ Compensation Act, 1923 – Schedule to the Act – Functional disability – Appellant, a forging machine operator met with an accident while operating the machine losing one or more phalanges of four fingers of his right hand – Commissioner allowed 100% disability and determined the compensation – In appeal, High Court while determining the
Issue for Consideration Whether the High Court was justified in upholding the conviction and sentence of A-15 under Sections 217, 218, Penal Code, 1860 and ss.3(2)(i), 4, SC/ST Act, 1989 and modifying the conviction and sentence of A-14, while upholding the conviction and sentence Headnotes† Penal Code, 1860 – ss.302 r/w 149, 217, 218 – Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss.3(2)(i), 4 – Murder of a young couple in the name of honour killing where the girl belonged to the Vanniyar community and
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court, enhancing the compensation to Rs.45,14,986/- and directing deduction of half of the compensation under the Rules of 2006, i.e. Rs.21,67,704/- out of the total compensation. Headnotes† – Haryana Compensation Assistance to the Dependents of Deceased Government Employees Rules, 2006 – Compensation – Deduction in respect to the financial assistance under 2006 Rules, if to be deducted from the total compensation – Deceased succumbed to injuries sustained
Issue for Consideration The Additional Judicial Commissioner took cognizance against one V and appellants on 13.06.2019 in SC/ST Case No.08/2017. Whether the Additional Judicial cognizance has to record detailed reasons for taking cognizance; whether the FIR (u/ss.498A, 406 and 420 of the Penal Code, 1860 and s.3(1)(iv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989) itself was instituted with mala fide intention and was liable to be
Issue for Consideration Whether the High Court was justified in reducing the compensation payable to the to Rs.16,97,370/- maintaining the interest awarded at the rate of 9% p.a. Headnotes† Motor Vehicle Act, 1988 – s.166 r/w. s.140 – On 12.08.2008, a Bus allegedly driven in a negligent manner hit a motorcycle, which was driven by victim along with his wife – Victim
Issue for Consideration Whether a fresh suit can be filed to challenge a compromise decree. Headnotes† Code of Civil Procedure, 1908 – Suit seeking partition claiming that the suit property is not ancestral property – Held, the suit property purchased by funds in the name of the father of the appellant is joint family property – The appellants contended that since the suit property is not an ancestral property, it cannot be partitioned amongst their father, grandfather and father’s brothers – The Appellants further
Issue for Consideration Filicide or suicide is the vexing question in the instant case where a father was tried and convicted u/s.302 of the Penal Code, 1860 r/w. s.25/27 of the Arms Act, 1959. Headnotes† Penal Code, 1860 – s.302 – Arms Act, 1959 – ss.25 and 27 – – Appellant accused for murdering of his son – Trial Court convicted accused – Conviction confirmed by the High Court – Correctness: Held: In the instant case, the accused admitted that he owned the gun, but his explanation was that it was hidden by his children,
Issue for Consideration Whether the conviction of the appellant u/s.85(i)(b), Employees’ State Insurance Act, 1948 and the sentence awarded is justified. Headnotes† Employees’ State Insurance Act, 1948 – ss.85, 2(17) – Punishment for failure to “Principal employer” – Though deductions towards Employees’ State Insurance contribution were made from the wages of the respondent no.2-Company’s employees but they were not deposited with Employees’ State Insurance Corporation (ESIC) –
Issue for Consideration Issue arose whether use of Urdu on a signboard of the building of Municipal Council in Maharashtra is violative of any provision of law. Headnotes† Nagar Panchayats and Industrial Township Act, 1965 – ss.308, 318 – Maharashtra Local Authorities (Official Languages) Act, 2022 – Use of Urdu on the signboard of the Municipality in Maharashtra – Board displaying the name of the Municipal Council on its building in
Issue for Consideration Matter involves the question of reservations of posts in the government services of the State of Punjab; including reservation for women for the post of DSP under the ‘SC Sports’ category. Headnotes† Punjab Civil Services (Reservation of Posts for Women) Combined Competitive Examination, 2020 – Advertisement dated 11.12.2020 was issued following the 2020 Rules thus, DSP post in question was reserved for ‘SC Sports (Woman)’ – 2020 Rules amended, roster introduced – Private respondent had stood 1st amongst males,
Issue for Consideration How the compensation payable under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 has to be dealt with in computing the compensation under the Motor Vehicles Act, 1988. Headnotes† Motor Vehicles Act, 1988 – to the Dependents of Deceased Government Employees Rules, 2006 – In the present case, the High Court has deducted only 50% of the compensation under the Rules of 2006 from the amounts awarded in the Claim Petition under the Motor Vehicles Act – The Insurance Company pointed out
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court enhancing the compensation awarded to the claimants under the Motor Vehicles Act, 1988. Headnotes† Limitation Act, 1963 – ss.5, 6 – Legal Disability – Death of wife in motor husband and two minor children – Tribunal awarded compensation – Thereagainst, after 10 years, children alone preferred appeal before High Court, wherein one child had attained majority five years back – High Court enhanced compensation – Correctness: Held: Appeal filed
Issue for Consideration Whether the High Court erred in quashing the FIR against the respondent no.1-public servant under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988 in a case of Disproportionate Assets, on the ground that the Superintendent of Police (SP) a preliminary enquiry before passing the orders directing registration of FIR. Headnotes† Prevention of Corruption Act, 1988 – ss.13(1)(b), 13(2), 17 – Code of Criminal Procedure, 1973 – s.482 – Corruption matters against the public servants – Preliminary
Issue for Consideration Whether the Tribunal was justified in directing the insurer to pay the award amount and recover it from the owner and driver of the offending vehicle carrying hazardous goods, in view of the absence of an endorsement in the driving licence of the driver as required Motor Vehicles Act, 1988 r/w r.9 of the Central Motor Vehicles Rules, 1989. Headnotes† Motor Vehicles Act, 1988 – ss.11, 14, 41 – Central Motor Vehicles Rules, 1989 – r.9 – Motor accident involving an oil tanker killing a bicyclist and a pedestrian – Tribunal
Issue for Consideration Whether the High Court erred in setting aside the concurrent findings of guilt and the consequent conviction of the respondent no.2-accused under Section 138, Negotiable Instruments Act, 1881. Headnotes† – ss.138, 139 – Onus u/s.138 not on the complainant to initially lead evidence to show that he had the financial capacity for advancing loan to the accused, unless a case is set up in the reply to the statutory notice sent – On facts, the appellant advanced loan to the
Issue for Consideration Whether the order passed by the High Court upholding the conviction and sentence imposed on the accused u/s.302/34 and ss.323 and 324 rw s.34 IPC justified. Headnotes† Penal Code, 1860 – ss.302, 323, 324, 34 – Murder – Ocular evidence – regarding the ownership of the place of worship – Accused persons-appellants armed with deadly weapons came to the house of the victim-grandfather, questioned them resulting in a scuffle which lead to the death of the victim and injuries to grandchildren – Appellants convicted
Issue for Consideration Issue arose as to whether the appellant-trust which is engaged in charitable and also commercial activities can be exempted under section 32 of the Payment of Bonus Act, 1965 and thus, not liable to pay any bonus to its workmen. Headnotes† Payment of ss.10, 11, 32 – Factories Act, 1948 – Industrial Disputes Act, 1947 – Appellant-trust was doing charitable activities and it was also engaged in industrial activities of commercial nature – Workmen employed by appellant-trust largely comprise of workers cured of
Issue for Consideration Whether the High Court was correct in remanding the matter back to the trial court, when trial court had allowed the application of the defendants/appellants u/Or.7 r.11 CPC, and dismissed the suit for partition filed by the plaintiffs in 2023, holding that the suit did cause of action and was barred by limitation. Headnotes† Code of Civil Procedure, 1908 – Or.7 r.11 – Return of plaint – Limitation – Plaintiffs-respondents, grandchildren of the original owner filed suit for partition in 2023 seeking partition of the ancestral joint
Issue for Consideration In the instant case, the Single Judge of the High Court directed that the investigation be handed over to CBI. Whether the order of the Single Judge of the High Court is sustainable. Headnotes† Code of Criminal Procedure, 1973 – s.482 – The appellant was registered u/ss.120B, 177, 406, 420, 467, 468, 471, 506 of IPC – The complainant then filed a petition u/s.482 of the CrPC and sought transfer of investigation from the civil police of the State of Haryana to the CBI – The said petition was allowed by the High Court –
Issue for Consideration Whether the respondents who have admittedly completed three years of service in the pre-revised pay scale of Rs.12000-18300 (on 01.01.2006) are now entitled for pay band of Rs.37400- 67000 and AGP of Rs.9000; liable to be re-designated as Associate Professors. Headnotes† Service Law – Movement to a higher pay scale – When not entitled to – All India Council for Technical Education Act, 1987 – Vide notification dated 15.03.2000, Ph.D. was made a mandatory qualification