Issue for Consideration Issue pertains to whether the proceedings initiated by the respondent-wife under the DV Act should be quashed; whether any party can back out from the Settlement Agreement arrived at in the mediation proceedings; and whether this Court, can exercise its powers u/Art.142(1) to the parties herein on the ground of irretrievable breakdown of marriage, upon an application filed by the appellant-husband; if yes, then on what terms and conditions. Headnotes† Hindu Marriage Act, 1955 – Protection of Women from Domestic Violence Act, 2005 – Divorce
Issue for Consideration Whether in terms of the provisions of Kerala Agricultural Income Tax Act, 1991, the amalgamated company as successor of the amalgamating company shall be entitled to set-off of the losses suffered. Headnotes† Kerala Agricultural Income Tax Act, 1991 – ss.12, 54 s.72A – A company named PRP amalgamated with the appellant company – The scheme of amalgamation was sanctioned in November 2006 – The appointed date was fixed as 01.01.2006 – There were accumulated losses in the balance sheet of amalgamating company – The issue
Issue for Consideration Dispute pertains to inter-se seniority of the Assistant Engineers (Electrical)-directly recruited and internally selected candidates, and what is to be taken as the date of the appointment of the direct recruits. Headnotes† Tamil Nadu Electricity Board Regn 10(9), 87, 97 – Seniority – Inter-se seniority of the Assistant Engineers (Electrical)-directly recruited and internally selected candidates – Date of the appointment of direct recruits – Seniority of direct recruit to be counted from the first date of their
Issue for Consideration The appellants herein were dismissed from the post of librarian on which they were appointed by the State of Bihar. It was on account of the fact that the degree obtained by them from the University of Technology and Science, Raipur, Chhattisgarh, was declared invalid as Vishwavidyalaya Act, 2002 under which the University was established, was later on declared to be ultra vires. Headnotes† Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 – The University in question (mentioned at serial no.23) was granted recognition by the State of
Issue for Consideration Whether the High Court was justified in reducing the sentence awarded to the Private Respondents. Headnotes† Sentencing – Reducing the sentence in cases of grave offences by enhancing the compensation payable to the victim – Impermissibility – to or a substitute for punishment – Trial Court convicted the accused persons u/ss.307, 324 and 326, IPC and sentenced them to undergo rigorous imprisonment of three years and a fine of ₹ 5,000/- each (totalling to ₹ 10,000/-) – High Court vide impugned judgment maintained
Issue for Consideration Issue arose whether the National Commission was justified in awarding a compensation of ₹2 crores to the respondent-model for a faulty haircut she took at the beauty salon in the appellant’s Hotel. Headnotes† Consumer Protection Act, 1986 – Deficiency the beauty salon in the appellant’s hotel for haircut – Dissatisfied with the services rendered, she filed complaint before National Commission – Commission awarded a compensation of ₹2 crores to the respondent holding the appellant guilty of the deficiency in service and
Issue for Consideration Whether after submitting a final report u/s.173(2) of the Code of Criminal Procedure, 1973 (CrPC) (s.193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)), the police/investigating agency can conduct further investigation u/s.173(8) of CrPC (s.193(9) of BNSS) of the Magistrate/ Court concerned. Headnotes† Code of Criminal Procedure, 1973 – s.173(2), s.173(8) – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.193(3), s.193(9) – An FIR was registered against seven accused persons including appellants for the offence
Issue for Consideration Whether the appellant herein should be allowed to change his cadre from Tamil Nadu to Rajasthan, against the ‘insider’ vacancy. The selection pertains to the year 2004. The appellant is already in service in Tamil Nadu for more than two decades. of cadre – The first two candidates chose not to join the Rajasthan cadre, offerred on the basis of ‘insider’ vacancy, the appellant staked his claim to be considered for appointment against the same – He filed OA before the Tribunal, which was dismissed – The High
Issue for Consideration What is the threshold for declaring that a registered Sale Deed is a sham. Headnotes† Deeds and Documents – Registered Sale Deed – Presumption of validity and genuineness – Should not be casually declared “sham” – Respondent (now for ₹8,000/- and another property for ₹2,000/- – Case of the Appellants is that to get the suit house redeemed from ‘SG’, the Respondent sold the suit house to Appellant-Defendant No.1 vide the impugned Sale Deed dtd.12.11.1971 for a consideration of ₹10,000/-
Issue for Consideration The present petition was filed by the petitioner-wife praying for transfer of an application filed by respondent-husband u/s.340 CrPC. The petitioner-wife has also invoked the jurisdiction of this Court to dissolve the marriage between the parties by filing application the grounds of irretrievable breakdown of marriage. Headnotes† Constitution of India – Art.142 – Dissolution of marriage – The present petition was filed by the petitioner-wife praying for transfer of an application filed by respondent-husband u/s.340 CrPC, seeking
Issue for Consideration Whether compensatory allowances, such as House Rent Allowance, Transport Allowance, Clothing and Washing Allowance and Small Family Allowance, would fall within the term “ordinary rate of wages” for calculation of overtime wages in terms of s.59(2) Act, 1948. Headnotes† Factories Act, 1948 – s.59(2) – General Clauses Act, 1897 – s.3 – The Office Memorandum dated 27.05.2009 issued by the Ministry of Labour and Employment, Government of India clarifying that allowances of compensatory nature including HRA, TA,
Issue for Consideration Issue arose as to whether on mere admission in a course, right is conferred for appointment on the post of Ayurvedic Staff Nurse. Headnotes† Service law – Appointment – Post of Ayurvedic Staff Nurse – Advertisement inviting application for the admitted and thereafter passed out from government institutions between 2015- 19 – Representation before the competent authority seeking appointment, however was rejected – Respondent then filed writ petition – Case of the appellant-State that earlier there were only 20 seats