Tort -- Negligence - Act of releasing water from dam due to heavy rain - Destruction of tress and plantation of appellants - Overflow of dam, was occasioned by torrential and heavy rains - However, appellants pleaded that respondent authorities did not keep the level of water in the dam sufficiently low to take care of ensuing monsoon rains - Burden is on the respondents..........
Tort -- Negligence and Act of God - Quantum of damages - As many as 1500 boar trees were uprooted and washed away as a result of release of water from dam which flooded the fields of appellants - Appellants have not led any evidence to show actual cost of each tree - However, appellants would still be entitled to reasonable compensation once factum of suffering loss stands..........
Civil Procedure Code, 1908, Section 34 -- Interest - Contractual rate of interest 13.5% - Plea of bank that as per RBI guidelines it can charge interest at the rate of 21.5% per annum in case of deferred payments - Held, Bank is not entitled to claim interest more than the contractual rate of interest...........
Criminal Procedure Code, 1973, Section 311 -- Object of S.311 Cr.P.C. is to bring on record evidence not only from the point of view of accused and prosecution but also from point of view of orderly society and in the interest of justice...........
Evidence Act, 1872, Section 123, 124 -- Claim of privilege in the matter of enquiry in respect of an allegation of sexual harassment - Union of India while claiming privilege in said enquiry contended that disclosure of contents of report would be against national interest and would compromise national security - However, said report containing nothing which would be..........
Service -- Territorial Army personnel - Family pension - Territorial Army personnel died during disembodied state without completing fifteen years of embodied service - No family pension is payable to legal heir of a territorial Army personnel who died during disembodied state, as deceased had not put in minimum qualifying service to earn service pension - However, keeping..........
Service -- Voluntary Retirement Scheme (VRS) - Thousands of employees discharged on VRS by Management and out of 65 people who pursued the litigation, 59 people already gone on VRS or otherwise - Held, having regard to the age of appellants, interest of justice would be advanced if appellants are paid a lump sum amount of Rs.10 lakhs towards settlement of their dues -..........
Labour Law -- Termination - Prolonged litigation between parties - Appellant company closed down in the year 2014 - Dues of other workers settled for an amount of around Rs.4 lakhs - Respondent succeeded before Labour Court and High Court - Having regard to prolonged litigation an amount of Rs.7 lakhs if paid will serve the interest of justice - Appellant directed to pay..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Quantum of sentence - Parties were co-villagers - There was a long standing dispute between them - Injuries caused to both the sides - Accused has also taken the injured and deceased to hospital - Death was not a direct outcome of assault - Sentence of 5 years therefore will suffice in the..........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
