Orders and Judgments Duration March 23, 2019- April 07, 2019

The Supreme Court (SC) has reiterated that the principle of Res Judicata is applicable to Writ Petitions as well. In P. Bandopadhya v. Union of India, a judgment of Bombay High Court was challenged before the SC. The present writ Petition was filed by former employees in the Overseas Communications Service, a Department of the Government of India. The High Court dismissed their plea holding that they were not eligible to avail pensionary benefits under the Government of India, since they had served for less than 10 years on the date of their

Orders and Judgments Duration March 08 – 22, 2019

The Supreme Court (SC) has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held that where the Transfer of Property Act, 1882 applied between landlord and tenant, disputes between the said parties would not be arbitrable. The bench was considering the appeal against Calcutta High Court (HC) order appointing an Arbitrator

Orders and Judgments Duration January 8 – 22, 2019

The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.
Writ petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, will be maintainable

Orders and Judgments Duration – December 23, 2018 – January 07, 2019

Two persons, filed their claim petitions before the competent authority under the Minimum Wages Act, 1948 (“the Act”) against the Appellant. In these claim petitions, the Respondents claimed that, they had worked with the Appellant on her land for the relevant period but she did not pay them their legitimate wages despite rendering their services for her. The two applicants (workers/employees), therefore, claimed that their legitimate wages for the period in question be determined in the light of the provisions of the Act and the claimants