Compassionate Appointment Can't Be Rejected Merely On Ground Of Delay If Financial Distress Is Established & Delay Is Explained: Andhra Pradesh HC

A Division Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held that compassionate appointment cannot be denied solely on the ground of delay when the delay is due to lack of awareness of rules and the family's financial distress is established. Further it was directed that the authorities must make a balanced & objective assessment of financial and other conditions of the family while considering requests for ...

Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court

The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal, the nature of the relief was not automatically reinstatement but dependent on the facts...

Consumer Cases Annual Digest 2025 [Part-II]

Supreme Court Supreme Court Criticises NCDRC For Inventing New Case Of Medical Negligence In Appeal; Orders Complainant To Refund Rs 10 Lakh To Doctors Cause Title: Deep Nursing Home and another Versus Manmeet Singh Mattewal and others Citation: 2025 LiveLaw (SC) 883 The Supreme Court on Tuesday (Sep. 9) ordered a complainant to refund the ₹10 lakhs...

Karnataka High Court Quashes Cheque Bounce Case Against Director Who Resigned Before Cheques Were Issued, Cites MCA Records

The Karnataka High Court quashed a cheque dishonour complaint lodged against a man who was the Director of an infrastructure company, after referring to records of Ministry of Corporate Affairs and noting that when the cheques were issued to the complainant the petitioner was not a director. Justice M Nagaprasanna allowed the petition filed by Sujith Sudhakaran, Director of M/S Dreamz Infra India Pvt. Ltd, and quashed the complaint registered against him by Lalu Jacob Mammen,...

Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...

Compassionate Appointment Barred Where Co-dependent Is Already Employed : Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held that the compassionate appointment is governed by the policy in force on the date of the employee's death and cannot be granted where a dependent is already employed. Background Facts The deceased employee worked as a Subordinate Engineer with South Eastern Coalfields Limited (SECL). He died in December 2018 while in service. After his death, his son applied for...

NCDRC Decree Against Builder Company Can't Be Executed Against Directors/Promoters Without Personal Liability Fixed: Supreme Court

The Supreme Court on Monday (January 12) observed that the homebuyers cannot execute a decree, obtained solely against a builder company, against its directors or promoters personally, unless a specific finding of liability was made against them in the original proceedings. “It is trite that a decree cannot, by process of execution, be employed to shift or enlarge liability so as to...

Supreme Court To Examine If NCLT President Has Power To Transfer Cases Across States

The Supreme Court is set to examine the scope of National Company Law Tribunal President's power to transfer a case across states by way of an administrative order.A bench of CJI Surya Kant and Justice Joymalya Bagchi recently issued notice on a plea challenging the Gujarat High Court order which held that the NCLT President has no authority to transfer cases from one State to another...

When Can Shares Received After Company Amalgamation Be Taxed As Business Income : Supreme Court Explains

The Supreme Court has ruled that shares received in a corporate amalgamation are immediately taxable as business income under Section 28 of the Income Tax Act if they represent a "real, commercially realizable benefit." “where the shares of an amalgamating company, held as stock-in-trade, are substituted by shares of the amalgamated company pursuant to a scheme of amalgamation, and such...

S.126 Indian Contract Act | Promoter's Undertaking To Infuse Funds Won't Amount To 'Guarantee' : Supreme Court

To be construed as a guarantee, there must be a clear and direct obligation to discharge the debts of the original debtor.

Accepting Terminal Benefits Under EPF Forfeits State Pension Rights: Jharkhand High Court

A Division Bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar held that an employee who voluntarily switches to the EPF scheme, accepts all EPF/terminal benefits, and remains silent for years is estopped from later claiming pension from the State. Background Facts The employee was initially appointed as a Chowkidar in the Food...

Uncommunicated Adverse Entries In ACRs Can Be Considered For Passing Order Of Compulsory Retirement: Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that the uncommunicated adverse entries in an employee's Annual Confidential Reports can be considered for passing an order of compulsory retirement. Background Facts The employee was appointed as a Process Writer in the District Court Establishment at Jagdalpur...