Judgments - APPLICATION U/s 378
Ramchander Vs. Ananta
OM AGGARWAL Vs. HARYANA FINANCIAL CORPORATION & ORS.
law laid down by the Hon'ble 5 Judges of the Apex Court of India reported in AIR 1969 SC 78 that in case the Statutory Authorities do not act in Full Judgment
NEW INDIA ASSURANCE CO. LTD. Vs. SUKANTA KUMAR BEHERA & ORS.
The question to be considered is whether the High Court is justified in awarding compensation of Rs.55,00,000/- without any discussion and computation. The approach of the High Court cannot be said to be justified in such cases of injury. It is necessary to make computation of compensation to be awarded on account of pecuniary Full Judgment
THE RAJASTHAN STATE ROAD TRANSPORT CORPORATION & OTHERS Vs. REVAT SINGH
Fixing eligibility for a particular post or even for admission to a course falls within the exclusive domain of the legislature/executive and cannot be the subject-matter of judicial review, unless found to Full Judgment
M/S BHANDARI UDYOG LTD Vs. INDUSTRIAL FACILITATION COUNCIL & ANR
The short question that falls for consideration in this appeal is as to whether the Bombay High Court has correctly decided the jurisdiction of a Court to entertain application under Section 34 of the Arbitration and Conciliation Act, 1996? Indisputably, the Arbitration proceeding has been conducted within the jurisdiction of Raichur court, which has jurisdiction as per Section 20 of the Code of Civil Procedure and is Full Judgment
M/S SUNDARAM FINANCE LIMITED AND ANR. Vs. T. THANKAM
Once an application is duly filed in terms of Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') before the civil court, what should be the approach of the court, is the short question arising for consideration in this case. Once there is an agreement between the parties to refer the disputes or differences arising out of the agreement to arbitration, and in case Full Judgment
SUNIL HARIBHAU KALE Vs. AVINASH GULABRAO MARDIKAR AND ORS
In a democracy, a leader is not imposed; leader is elected. Once the birth of a leader in a group is by way of election by the group, the group leader thus elected cannot be replaced otherwise than through the very same process of the election in the group, in the absence of any rules to the contra. No doubt, the Nationalist Congress Party has 17 members Full Judgment
SUJASHA MUKHERJI Vs. THE HON'BLE HIGH COURT OF CALCUTTA, THR. REGISTRAR & ORS.
M. SURENDER REDDY Vs. GOVT. OF A.P. AND ORS.
The questions that arise for determination in this case are: (a)whether G.O.Ms.124 dated 7th March, 2002 is retrospective in nature in order to make it applicable to the posts for which selection process has already started pursuant to 1999 advertisement, and (b) If the said G.O.Ms. is retrospective, whether it is required to review the entire select Full Judgment
JAKIR HUSSEIN Vs. SABIR & ORS
With regard to the pain, suffering and trauma which have been caused to the appellant due to his crushed hand, it is contended that the compensation awarded by the Tribunal was meagre and insufficient. It is not in dispute that the appellant had remained in the hospital for a period of over three months. It is not possible for the courts to make a precise assessment of the pain and trauma suffered Full Judgment
PETROMARINE PRODUCTS LTD. Vs. OCEAN MARINE SERVICES CO. LTD. & ANR
It has not been disputed by the appellant that the Bombay High Court while passing the order of attachment was not aware about the fact that the vessel was seized by the Madras High Court much prior to the filing of the suit by the appellant in Bombay High Court. The Division Bench in the impugned order has recorded the finding that Madras High Full Judgment
N.M.KRISHNAKUMARI & ORS. Vs. THALAKKAL ASSIYA & ORS.
Whether the High Court has exceeded in its jurisdiction under Section 103 of the Act in re-examining the case and holding that the findings of the Appellate Authority are not only erroneous but also error in law? The Appellate Authority has completely ignored the undisputed pleadings and material documents on record in favour of the respondents and the said finding of the Appellate Authority is erroneous Full Judgment
UNION OF INDIA & ORS. Vs. V.K.KRISHNAN & ORS.
As stated hereinabove, seniority list for employees working in different grades should be different and there cannot be any common seniority list for all the employees working in one particular group. We, therefore, set aside the impugned judgment affirming the order of the Tribunal and also direct that according to the provisions of the aforestated paras contained in the Manual, the appellants Full Judgment
PRAVEENBHAI S KHAMBHAYATA Vs. UNITED INDIA INSURANCE CO. LTD AND ORS.
The insurance policy of a public service vehicle is deemed to cover an employee engaged in the said vehicle and the liability of the insurance company to pay compensation for the death or injuries sustained by the workman. Payment of compensation for the death of workman or injuries sustained by the workman is limited to the liability arising in the Employers Compensation Act, 1923. The Full Judgment
NAWAL KISHOR MISHRA & ORS. Vs. HIGH COURT OF JUDICATURE OF ALLAHABAD &ORS
Having heard learned counsel for the respective parties, the questions that arise for consideration in these appeals are as under: Whether the appellants have the locus standi to challenge the appointments made by the High Court in the filling up of the unfilled vacancies of the reserved categories in the Direct Recruitment Posts by way of promotion of the 'in service candidates'? Whether the High Court could have validly adopted the Reservation Act of 1994 Full Judgment
ROXANN SHARMA Vs. ARUN SHARMA
There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Full Judgment
STATE OF KARNATAKA TR.SEC.HSG.& URB.&ANR Vs. VASAVADATTA CEMENT & ANR.
The appeal has been preferred by the State of Karnataka. The State has neither created any document nor filed the same before the High Court or this Court. If any document is created by any officer to keep it on record so as to produce it before the Court, it is a serious matter which requires to be inquired into by the concerned authority. In Full Judgment