Service Law - Reserved Category Migration – Standing Orders 78 & 85 – Revised Directive No. 29 – DoPT OMs – Two Appeals – Reserved candidates who availed relaxation in age/physical measurements sought migration to UR vacancies – High Courts allowed – Held: Standing Order 85 (Clause 14(f)) bars such migration, overrides Standing Order 78 – D...
Property Law – Declaratory Relief – Section 34 Specific Relief Act – Appeal Dismissed – Plaintiff relied on sale deed (150 sq.m); trial and first appellate courts dismissed suit citing discrepancies in revenue records (109.70 sq.m) and manure/waste presence – High Court reversed, holding findings perverse – SC upheld High Court: mere dumping waste cannot establi...
Motor Accident Claim – Compensation – Income Assessment – Appeal Allowed – Deceased with diploma in pharmacy engaged in distributorship and cooperative bank activities – Tribunal fixed monthly income at Rs.6,000/-, High Court reduced to Rs.5,500/- without reasons – Held: Unjustified – Considering overall circumstances, monthly income reasonably fixed at Rs...
Promissory Note – Proof of Debt – Presumption under Negotiable Instruments Act – Decretal Amount Restored – The Trial Court decreed the suit for ₹35,29,680 based on a promissory note acknowledging receipt of ₹30,80,000 – The High Court reduced the recoverable amount to ₹22,00,000 on the ground that only this portion was evidenced by bank transactions – Hel...
Civil Writ - Paddy Land – Classification Error – Kerala Conservation of Paddy Land and Wetland Act, 2008 – Rejection of Form 5 application without inspection/satellite images – Order Quashed – Petitioner’s land wrongly included in data bank as “paddy land”—Authorised officer dismissed exclusion application mechanically based only on Agricultura...
Family Law - Divorce – Cruelty & Desertion – Section 13(1)(ia) & (ib) Hindu Marriage Act – Irretrievable Breakdown – Marriage dissolved – Appellant sought divorce alleging cruelty and desertion—Trial Court dismissed citing wife’s dowry complaint and suppression of earlier restitution proceedings—Appellant and family later acquitted in crimina...
Expunction of Adverse Remarks – Counsel’s duty of candour – Article 136 – Remarks Expunged – High Court, while deciding W.P. No. 6228 of 2022, recorded displeasure at the conduct of counsel (appellant) for not disclosing that the constitutional validity of amended Rule 6 (upheld in W.P. No. 18699/2020) had not been overturned – Appellant tendered unconditional a...
Service Law – Reservation in Recruitment – Migration of Reserved Candidates to General Category – Age Relaxation – Bar under Office Memorandum dated 01.07.1998 – High Court’s Direction Set Aside – OBC candidates who availed age relaxation sought appointment in unreserved seats based on higher merit than last selected general candidate – High Court pe...
Insolvency & Bankruptcy Code (IBC) – Homebuyers’ Claims – Resolution Plan – Appeal Allowed – Appellants booked flat in 2010, paid nearly entire consideration; Corporate Debtor (IREO) went into CIRP; claim submitted and admitted by Resolution Professional – NCLT and NCLAT held claim was belated, granted only 50% refund – Held: Once claim is verified and...
Railway Service Law - Railways Recruitment & Training – SSE – Master Circular No.29 – Training-end Written Test Mandatory – Appeal Allowed in Part – RRB Employment Notice required training; Master Circular/Manual mandated qualifying written test at the end of initial training and warned retention depends on passing the test – Respondent completed 46 of 52 we...