Service Law – Time-bound Promotion – Eligibility Criteria – Respondent retired employee claimed higher pay scale after 16 years of service under 1990 circular issued to address stagnation – Held: Benefit available only to directly recruited Assistant Engineers or those promoted under Regulation 7(a)(ii) read with Regulation 10(4) or 10(6)/(9) having requisite qualifications...
Service Law – Recruitment Policy – Discriminatory Application – State initially followed batchwise recruitment of Pharmacists under 1980 Rules prioritising diploma-holders from earlier years – Respondents were denied appointment under that system – Later, the State adopted merit-based selection under 2003 Rules, again excluding those previously denied – Held: St...
Property Law – Possession under Unregistered Agreement to Sell – Section 53A of the Transfer of Property Act – Agreement dated 07.05.1963 and receipt dated 15.09.1963 proved on record – However, possession of defendants taken nearly six to seven years after execution of the agreement – Held: Such possession not in part performance of the contract – Essential con...
Judicial Service – Premature Retirement – Validity of Notification – Petitioner, serving as Additional District Judge, prematurely retired at age 53 under Rule 21 of Gujarat State Judicial Service Rules, 2005 – Challenge on ground that Notification issued without Governor’s personal satisfaction and instead based on recommendation to Government – Held: As per Ar...
Criminal Law – Voice Sample – Magistrate’s Power – High Court order setting aside Magistrate’s direction to obtain voice sample of a witness reversed – Supreme Court held Magistrate is empowered to order voice sample despite absence of explicit provision in Cr.P.C. – Held: Judgment in Ritesh Sinha (2019) 8 SCC 1 applies – Use of term “person&rd...
Service Law – Waiting List/Reserved Panel – Counsel’s Concession – High Court directed absorption on future SC vacancy relying on 15.01.1999 assurance – Held: Wait list is not a source of recruitment and operates only if a selected candidate does not join – A concession contrary to statutory Recruitment Rules is not binding; cannot be enforced to extend life of ...
Family Law – Custody of Minor Children – Visitation and Parental Access – Welfare Principle – Family Court granted father custody of minor children on second Saturday and Sunday of every month and during half of vacations – Mother appealed – Held: Welfare of children is paramount; while mother retains permanent custody, father’s right to maintain regular c...
Environmental Law – Firecrackers in Delhi–NCR – Temporary relaxation on “test case” basis – Supreme Court permits sale and use of only NEERI-approved green crackers at designated locations for a limited window (sale: 18–20 Oct 2025 – use: 6–7 AM & 8–10 PM on the day before and on Diwali) – Ban on barium-containing crackers, seri...
Cooperative Societies – Maintainability of Dispute – Section 91 of Maharashtra Cooperative Societies Act – Allotment of FSI to Member – Tender restricted to society members only – Held: Dispute arises out of membership rights and touches the business of the society – Transaction not commercial in nature nor with outsider – Cooperative Court had jurisdictio...
Land Acquisition – Exemption Notification – Punjab Regional and Town Planning and Development Act, 1995 – Validity upheld – Exemption of land under Sectors 81, 88, and 89 from operation of Section 14 and Chapters VIII, X, and XII of the 1995 Act under Section 178(2) – Held: Notification justified as SAS Nagar (Mohali) expansion was planned prior to the 1995 Act &ndash...