Civil Law - Consolidation Proceedings – Claim by Alleged Encumbrancer – Sections 19 and 20 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Appeals Dismissed – The appellant claimed entitlement to 5 biswas (250 sq. yards) of land in Village Sanoth on the basis that his predecessor had trespassed on a portion of the respondents’ land ...
Arbitration – MSMED Act – Commercial Dispute – Supply of Goods – Dispute over unpaid dues under three purchase orders raised by micro enterprise Ranjana Industries against Mahindra – Mahindra raised objections of late delivery and quality defects – Held: Objections not raised within statutory 15-day window under Section 2(e) of MSMED Act – Arbitral Tribuna...
Family Law - Senior Citizens Act – Gift Deed – Cancellation – Section 23(1) – Deemed Condition of Maintenance – Gift deed executed by 88-year-old mother-in-law in favour of daughter-in-law – Tribunal refused to cancel the deed as there was no express condition of maintenance in the document – District Magistrate reversed the decision and directed cancellat...
Civil Law – Local Commissioner – Order XXVI Rule 9 CPC – Improper Rejection – Appointment Directed – Trial court dismissed plaintiff's application seeking appointment of Technical Engineer as Local Commissioner to demarcate disputed wall and report physical condition – Held: Though appointment of Commissioner is discretionary, such discretion must advance ca...
Civil Writ - Medical Education – Bonded Service – Higher Studies – Government Resolution 2017 – Petitioner signed post-PG bond requiring two years’ service – Clause 1(e) expressly allows bond to pause if candidate gets higher studies opportunity and resume post-study – Held: Subsequent Resolutions of 2021/2024 restricting NOC to NMC-approved courses not ap...
Freedom Fighters’ Pension – Date from which payable – Appeals Allowed in Part – High Court granted pension from date of application relying on Mukundlal Bhandari – Supreme Court held that under the M.P. Rules, 1972, in view of Rule 3(6) (inserted with effect from commencement of the Rules), pension is payable from the date of sanction order – Mukundlal Bhandari ...
Taxation Law - Telecommunication Rentals – U.P. Trade Tax – DoT as Dealer – Appeals Allowed – DoT challenged assessment of trade tax on telephone rentals contending it was providing a service and not transferring right to use goods – High Court accepted that view – Supreme Court held: DoT is a “dealer” within Section 2(c)(iv) & (viii), U.P. Trade...
Service law — disciplinary proceedings — Natural justice – Disagreement by Disciplinary Authority – Appeal dismissed – Manager, Grade-I of SBI dismissed after DA disagreed with “partly proved” findings and treated them “fully proved” without giving the delinquent an opportunity to represent – High Court set aside dismissal following Punja...
Constitutional Law & Consumer Protection – Challenge to vires of the Consumer Protection Act, 1986 – Parliament’s competence – Articles 246, List III Entry 11A, Articles 323A/323B – WPs/Appeals disposed – Full Bench upholds constitutionality of the Act; C.A. Nos. 4613–4614/1999 and W.P.(C) Nos. 417/1996 & 12/2000 dismissed; State’s appeal (C....
Land Acquisition – Reference under Section 30 – State Not a ‘Person Interested’ – Reference Incompetent – The appellant’s land was acquired under the Land Acquisition Act, and compensation was awarded to her – The State subsequently claimed ownership of the land by virtue of land vesting under the Bihar Land Reforms Act and sought a reference under S...