Service Law – Pensionary Benefits – Applicability of MCSR 1982 – Deceased government servant appointed post-01/11/2005 was under DCPS – Upon death before 10 years of service, nomination under DCPS was invalid as it was made under MCSR 1982 – Subsequent GR dated 31/03/2023 extended family pension under MCSR to employees who died between 01/11/2005 and 31/03/2023 &ndash...
Civil Procedure – Condonation of Delay – COVID-19 Extension – Ex Parte Decree – Period from 15.03.2020 to 28.02.2022 excluded for limitation by Supreme Court’s Suo Motu orders – In case of expiry during that period, 90 days available from 01.03.2022 – Held: Application filed on 13.09.2022 was within the extended limitation – Finding of 341 days&rsquo...
Service Law – Promotion – Notional Promotion and Stepping-Up of Pay – Appellant, a retired Headmaster, claimed entitlement to notional promotion and pay fixation from 1988 at par with his junior of reserved category who was promoted under accelerated promotion scheme – Suit filed in 2018, long after appellant’s actual promotion in 2004 and retirement in 2006 – H...
Family Law – Divorce by Mutual Consent – Jurisdictional Error – Consent Requirement – Fault-Based Petitions – Section 13 vs. 13B HMA – Family Court suo motu passed decree under Section 13B of HMA despite pendency of separate contested petitions under Section 13 filed by husband and wife on grounds of cruelty and adultery – Held: Statutory precondition unde...
Service Law – Disciplinary Proceedings – Natural Justice – Dismissal of Temporary Employee – Article 311(2) – Respondent, a forest guard, dismissed from service following an enquiry conducted by officer who had investigated the matter and acted as complainant, prosecutor, and judge – No departmental witnesses examined – No opportunity for cross-examination...
Education Law – Eligibility Criteria – University Teaching Posts – Post of Reader – Whether M.A. and Ph.D. in Political Science qualifies for Reader in Public Administration – High Court quashed appointment on the ground that Political Science and Public Administration are distinct disciplines – Held: UGC and University considered the subjects interrelated and i...
Municipal Law – Illegal Construction – Demolition – Respondent constructed marriage hall on sanctioned plan – Municipal Corporation issued demolition order alleging unauthorised construction without proper notice or hearing – Notices were vague, issued in name of deceased owner, and lacked property description – Despite pendency of civil suit and interim injunct...
Service Law – Police Misconduct – Removal from Service – Respondent, a Sub-Inspector, lost ₹17,314 and a service revolver with ammunition while disobeying specific instructions to travel with departmental convoy – Departmental inquiry held charges proved – Competent authority ordered removal – Appellate authority and Single Judge of High Court upheld penalty &...
Motor Vehicles Act – Liability of Registered Owner – No Transfer of Ownership – Tribunal directed insurer to pay compensation and permitted recovery from registered owner and rider – Appellant claimed vehicle was sold before accident and relied on an indemnity bond – Held: Under Section 2(30), person in whose name vehicle stands registered is deemed owner – No o...
Arbitration and Conciliation Act, 1996 – Section 34 & 37 – Scope of interference – International Commercial Arbitration – EPC contractor SEPCO obtained arbitral award of ~₹995 crores against GMRKE Ltd. – Single Judge dismissed GKEL’s Section 34 challenge – Division Bench allowed appeal under Section 37, set aside award and Single Judge’s order,...