Constitutional Law – Scheduled Tribes – Land Restoration – Validity of Repealing Act – Kerala Act 12 of 1999 challenged for overriding Kerala Act 31 of 1975 which provided for restoration of alienated tribal land – High Court held 1999 Act to be colourable and struck it down – Supreme Court reversed – Held: 1999 Act enacted under Entry 18, List II; hence w...
Civil Writ - Police Reforms – Public Interest Litigation – Binding Directions Issued under Article 32 and Article 142 – Inaction by Governments Despite Repeated Recommendations – Petitioners sought enforcement of long-standing recommendations made by various expert bodies including the National Police Commission and Ribeiro and Sorabjee Committees – The Court noted po...
Preventive Detention – COFEPOSA – Delay in Passing Detention Order – Order Quashed – Appellant was detained nearly 16 months after the alleged prejudicial activities ceased – Authorities had admitted that transactions after 11.10.2003 were not under scrutiny and that bank accounts were defreezed – Held: Delay between proposal and actual detention was not satisfa...
Service Law - Termination from Service – Acquittal in Criminal Case – Departmental Proceedings on Same Facts – Dismissal Set Aside – The appellant, a peon with the respondent bank, was terminated based on allegations of embezzlement of ₹25,000 by forging a depositor’s signature – He was acquitted in the criminal case, and the bank's civil suit for recovery...
Civil Law - Pleading Amendment – Scope under Order 6 Rule 17 CPC – Liberal Interpretation Favoured – Amendment Allowed – Plaintiffs, as beneficiaries of a Trust, sought to amend plaint to include relief for sale of trust-held shares and reinvestment for better returns – Trial Court allowed amendment – High Court reversed, holding it introduced new and inconsiste...
Criminal Law – Murder - Dying Declaration – Sole Basis of Conviction – Section 32 of the Evidence Act – Conviction Upheld – Deceased suffered 90% burns and made two consistent dying declarations to a Magistrate and a police officer – Both declarations made in presence of doctor and translated from Telugu to Tamil – Held: Declarations were voluntary, medica...
Injunction – Interim Mandatory Relief – Jurisdictional Error – Orders Set Aside – The plaintiff, claiming tenancy under an unregistered document, sought restoration of possession via interim mandatory injunction – Trial court initially declined ex parte injunction, but District Court later granted interim relief without proper findings – Supreme Court held that ...
Land Acquisition – Section 28A Redetermination vis-à-vis Final Appellate Award – Appeals Allowed – Notifications under Section 4(1) read with Section 17(1); compensation enhanced by Reference Court under Section 18; while SLPs were pending, Collector redetermined compensation under Section 28A for non-reference holders – Held: “Compensation payable” under...
Civil Law – Cooperative Society – Dispute regarding Variable Dearness Allowance (VDA) – Suit filed by Workers Union claiming entitlement to VDA on basic wages plus fixed allowance as per para 317(ii) of Third Wage Board Report – Trial Court decreed suit in favour of Union – Held that withdrawal of VDA required opportunity of hearing and clarification from Wage Board &...
Service Law – Voluntary Retirement – Disciplinary Proceedings Dropped – Retiral Benefits Directed – Rule 592, Punjab CSR – Appeals Dismissed – Respondent sought voluntary retirement citing ill health during pendency of disciplinary proceedings – Department dropped the proceedings and, following assurance to the High Court, accepted voluntary retirement w.e...