Hindu Minority and Guardianship Act, 1956 – Section 8(3) – Alienation of Minor’s Property – Mode of Repudiation – Natural guardian sold minors’ immovable property without prior court permission – Upon attaining majority, minors executed fresh sale deed of same property in favour of appellant within limitation – High Court held absence of suit to canc...
Property Law – Declaration of Title – Oral Gift (Hiba) – Suit for declaration of title and cancellation of sale deeds based on oral gift by Muslim mother to daughter – Plaintiff claimed oral gift of 10 acres out of 24 acres 28 guntas, and inheritance of remaining land – Trial Court disbelieved oral gift, but decreed 3/4th share based on succession – High Court r...
Taxation – Works Contract – Transfer of Property in Goods – Printing of Lottery Tickets – Appellant engaged in printing lottery tickets using ink and chemicals procured by itself while paper was supplied by contractee – Assessing Authority levied tax under Section 3F(1)(b) of U.P. Trade Tax Act on ink and chemicals – Appellate Authority and Tribunal deleted levy...
Environmental Law – Aravalli Hills – Illegal Mining – Complete Ban – Despite multiple orders since 2002 prohibiting unregulated mining in the Aravalli hill range, mining continued in blatant disregard of statutory provisions – Mining conducted without environmental clearance, mining plan or rehabilitation efforts – Resulted in irreversible environmental degradat...
Service Law – Regularization – Home Guards – Phased Absorption Scheme Quashed – Respondents worked continuously for 12 to 23 years under the A&N Home Guards, performing duties of regular nature under police supervision – Tribunal and High Court had directed formulation of a Scheme for their regularization in accordance with Pantha Chatterjee – Authorities fr...
Service Law - Premature Retirement – Validity – Rule 244, Rajasthan Service Rules – Appellant, manager of Co-operative Society, compulsorily retired at age 56 after 27 years of service – Held: Service Rules had been adopted by society – Rule 244 confers absolute right on appointing authority to compulsorily retire employee in public interest after completion of 25 yea...
Public Interest Litigation – Service Matters – Locus Standi – PIL Not Maintainable – A writ petition filed by respondent No. 4 styled as a Public Interest Litigation challenged the appellant’s appointment as Auction Recorder on the ground of past conviction under Section 61 of the Punjab Excise Act – Held: In service matters, PILs are not maintainable – Th...
Labour Law - Industrial Dispute – Retrenchment – Section 25F read with Section 25B(2) – Reinstatement Upheld; Back Wages Denied – Workman engaged on daily wages from 16.03.1988 to 28.02.1989 with breaks; Labour Court held 264 days’ work in 12 months and ordered reinstatement with 50% back wages; High Court affirmed – Held: After the 1964 amendment, a workman who...
Civil Lawv – Suit for possession and injunction by daughters/reversioners against donee under a 1955 gift by a widow with limited estate— Possession by Daughters/Reversioners – Evidence Act Sections 107 & 108 – Limitation Act, 1963 Articles 64 & 65 – Punjab Custom (Power to Contest) Act, 1920 – Appeal Dismissed – Widow Indira Devi had only a life i...
Arbitration – Contract for Handling Work – Escalation in Rates – No Escalation Clause – Contractor’s Claim for Enhanced Payment due to Statutory Wage Revision – Held, even in absence of express escalation clause, contractor entitled to compensation for increased statutory wages – Obligation to pay “fair wages” implies reciprocal obligation of e...