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9th May, 2016
The partial deposit before the DRAT as a pre-condition for considering the appeal on merits in terms of Section 18 of the Act, is not a secured asset. It is not a secured debt either, […]
9th May, 2016
The amount of tip paid by the employer to the employees has no reference to the contract of employment at all. Tips are received by the employer in a fiduciary capacity as trustee for payments […]
19th Apr, 2016
Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. In connection with issue falling under service law, power of judicial review, as held, […]
19th Apr, 2016
Section 7 of the Limitation Act makes it clear that when one of several persons who are jointly entitled to institute a suit or make an application for the execution of the decree and a […]
19th Apr, 2016
The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy survives. A deserted wife who has been or is entitled […]
19th Apr, 2016
When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule […]
3rd Apr, 2016
Where a plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the defendant, a suit for an injunction simpliciter will lie. A person has a right […]
3rd Apr, 2016
In the context of breach of an interim order, the order can be void or nullity but, the consequences flowing from its non compliance or breach cannot be avoided by the party by advancing the […]
3rd Apr, 2016
Writ petition under Article 226 of the Constitution should not be entertained when the alternate remedy is available under the Act, unless exceptional circumstances are made out. The writ remedy cannot be permitted to be […]
20th Mar, 2016
A party claiming adverse possession must prove that his possession is “nec vi, nec clam, nec precario“, that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent […]
20th Mar, 2016
Magistrate has power under Section 216 Code of Criminal Procedure to alter or modify the charge on the basis of an application filed by the informant and further the trial court can alter the charge […]
20th Mar, 2016
The Supreme Court held that the object of creating offence and penalty under the Employees’ State Insurance Act, 1948 is clearly to create deterrence against violation of provisions of the Act which are beneficial for […]