Civil Procedure – Appointment of Advocate Commissioner – Mandatory Injunction – Suit initially filed for bare injunction later amended to include relief of mandatory injunction for removal of alleged encroachment and construction – Trial Court allowed application for appointment of Advocate Commissioner to measure suit property with help of Surveyor – Held: In a suit ...
Specific Performance – Proof of Agreement to Sell – Suspicious Circumstances – Plaintiff relied upon two Agreements to Sell dated 21.11.2005 and 16.12.2005 for same property, same parties, same consideration – No plausible explanation for execution of two agreements – Explanation that first was handwritten and second typed found unconvincing – Held: Multiple une...
Criminal Law – Corruption Case – Second Bail Application – Parity with Co-accused – Temporary Bail Granted – Applicant, a Sub-Inspector, accused of extorting ₹50 lakhs during election code period – First bail application rejected considering recovery of ₹30 lakhs from applicant and gravity of offence – Co-accused Prince Srivastava subsequently granted ...
Customs and Excise – Export Oriented Unit (EOU) – De-bonding – Final Date of Exit – Suo Motu De-bonding Order – Appellant EOU engaged in manufacture of silk fabrics sought exit from EOU scheme – Dispute regarding duty liability on capital goods and raw materials on de-bonding – Deputy Development Commissioner clarified vide letter dated 10.05.2019 that suo...
Hindu Law – Adoption – Effect of Valid Adoption – Severance from Biological Family – Adopted Son Acquiring Exclusive Rights in Adoptive Mother’s Property – Plea of Joint Hindu Family Rejected – Once adoption is not challenged and stands valid, adopted son ceases to be member of biological family and cannot be treated as coparcener with biological father an...
Service Law – Lecturers in Government Polytechnics – Career Advancement Scheme – Academic Grade Pay (AGP) – Petitioners appointed as Lecturers between 1989–1999 and promoted to Selection Grade with AGP ₹9,000 – Junior Lecturers possessing Ph.D. granted AGP ₹10,000 – Petitioners challenged prescription of Ph.D. qualification as discriminatory – He...
Land Acquisition – Compensation – MMRDA Act, 1974 – Grant of TDR instead of monetary compensation – Illegality – Land of petitioners acquired for Santacruz–Chembur Link Road project – Competent Authority unilaterally awarded compensation in the form of TDR without determining monetary compensation under Section 35 – Statutory scheme under Section 35 ...
Sports Law – Olympic Selection – Cross Country Skiing – Exclusion of Meritorious Athlete – Arbitrary Selection Process – Petitioner, top-ranked Indian athlete as per FIS points list dated 19.01.2026, excluded from Olympic consideration on ground of non-participation in World Championship – Held: FIS Qualification System prescribes exhaustive, objective, points-b...
Service Law – Regularization – Contractual Employees – Sanctioned Posts – Article 14 – Appellants appointed in 2012 as Junior Engineers (Agriculture) against sanctioned vacant posts through a duly advertised selection process – Engagement labelled as contractual with yearly renewals – Services continued uninterrupted for more than a decade with satisfactor...
Environmental Law – Environmental Compensation – Powers of NGT – Project Cost as Yardstick – Project proponents undertook large-scale real estate construction without obtaining mandatory statutory permissions and continued work despite stop-work/closure directions – NGT held violations established and imposed environmental compensation – In case of RHYTHM, compe...