C P C Second Appeal – Substantial question of law – High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment in our assessment, fails the scrutiny of law. September 25, 2021 sclaw
Uncategorized (CPC) – Rejection of plaint – Underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings. It has been held that in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted. September 25, 2021 sclaw
Corporate Coal Mines (Special Provisions) Act, 2015 – Section 11 – Discharge or adoption of third party contracts with prior allottees – Successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such existing contracts in relation to coal mining operation – If the successful bidder or allottee elects not to adopt or continue with the existing contracts, all such contracts shall cease to be enforceable against the successful bidder or allottee in relation to Schedule I coal mines. September 25, 2021September 25, 2021 sclaw
Property Matters Execution of lease deed – Determination of market value plot – In order, it has been specifically observed that so far as the dispute of the balance enhanced amount is concerned, the same shall be settled and disposed of after exchange of affidavits – In that view of the matter the High Court has erred in observing that the rate of Rs.5900/ per sq.meter mentioned in the lease deed shall be conclusive and final and binding between the parties. September 25, 2021 sclaw
Service Burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct – Allegations in the chargesheet that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them. It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of power of judicial review. HELD the order of punishment of dismissal passed as affirmed in appeal and revision stands restored – Appeal allowed. September 25, 2021 sclaw
Service Change of date of birth in service record – Application for change of date of birth can only be as per the relevant provisions/regulations applicable – Even if there is cogent evidence, the same cannot be claimed as a matter of right – Application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service September 25, 2021 sclaw
Land Acquisition Land Acquisition Act, 1894 – Sections 4 and 18 – Land Acquisition – Compensation Determination of – HELD the compensation to be awarded is (137.76/2= 69 rounded off to Rs.70 per square feet) which was the market value assessed by the Reference Court as well – Reference Court is justified in law whereas the High Court has reduced the compensation drastically without any reasonable basis – Appellant is entitled to a compensation at the rate of Rs.70/- per square feet from the date of award by the Land Acquisition Collector. September 25, 2021 sclaw
Labour Cases Industrial Disputes Act, 1947 – Section 25F – Direction for reinstatement HELD when it comes to the case of termination of a daily-wage worker and where the termination is found illegal because of a procedural defect, namely, in violation of Section 25-F of the Industrial Disputes Act, this Court is consistent in taking the view that in such cases reinstatement with back wages is not automatic and instead the workman should be given monetary compensation which will meet the ends of justice. Rationale for shifting in this direction is obvious. September 25, 2021 sclaw
State Laws Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3(2) – Possession – HELD land was lying vacant with a compound wall and that therefore, the claim of the land owner to be in possession must be correct. There can hardly be any such presumption – Existence of the compound wall enclosing even the land that had already been sold by the land owner to the Trust, is admitted by the land owner herself in her letter – High Court committed a grave error in granting the benefit of Section 3(2) of the Repeal Act to the respondents. Cases Referred September 25, 2021 sclaw
Service Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – It is a fit case for modification of the relief granted by the High Court – It appropriate that ends of justice would be met by awarding lump sum monetary compensation and direct payment of lump sum compensation of Rs.15 lakhs to the respondent – Appeal partly allowed. September 23, 2021 sclaw
