Service Law – Pension – Voluntary Retirement – Regulation 29(5) Pension Regulations, 1995 – Employees with 20+ years’ qualifying service who opted under VRS 2000 – Entitlement to notional addition of 5 years of service – Held: VRS 2000 provided pension as per existing Pension Regulations – Regulation 29 only applicable clause for voluntary retirement...
SARFAESI Act – Post-13(4) Challenge – Scope of DRT’s Jurisdiction – Borrower’s Right to Challenge – Held: DRT has jurisdiction to examine not just the legality of action under Section 13(4) but also subsequent measures, including sale of secured assets – Tribunal empowered under Section 17(3) to declare bank’s actions invalid and restore possession t...
Income Tax – Accrual of Income – Mercantile System – Reduction of Commission – Assessee-firm, acting as managing agents of two shipping companies, originally entitled to 10% commission on freight, agreed during the accounting year to reduce the rate to 2½% – Larger commission shown in books but reduced by agreement before close of year – Held: Mere book e...
Hindu Law – Adoption by Jain Widow – Customary Authority – Adoption made by Bhuribai, a Jain widow, without express authority from her husband Padamchand – Validity challenged – Held: Among Jains, except those domiciled in Madras and Punjab, a widow has customary right to adopt a son to her deceased husband without express authority or consent of sapindas – Cust...
Civil Procedure – Substantial Question of Law – Article 133(1), Constitution of India – Section 110, CPC – The Bombay High Court refused certificate of fitness holding no substantial question of law arose from the construction of a managing agency agreement – Held: The proper test is whether the question is of general public importance or whether it directly and subst...
Constitutional Law – Government Servants – Freedom of Speech and Assembly – Rule 4-A of Bihar Government Servants’ Conduct Rules, 1956 prohibiting any demonstration or strike in connection with conditions of service – Held, government servants do not lose their fundamental rights under Part III merely by entering public service – Article 33 applies only to armed...
Service Law – Work-Charged Employees – Time Bound Promotional Scales – Distinction between work-charged and regular service – Under the PSEB Scheme of 23.04.1990, only “regular service” counts for grant of time-bound promotional scales after 9/16 years and promotional increments after 23 years – Work-charged service cannot be equated or clubbed with regula...
Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].
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Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Civil Law - Transfer of Property – Part Performance – Section 53-A TPA – Unregistered lease agreement – Defence upheld – A permanent lease was negotiated between the Talukdari Settlement Officer (with Government sanction) and the predecessor of the defendant; though no formal registered lease was executed, the offer and acceptance were in writings signed by the partie...