Disciplinary Proceedings – Continuation Despite Acquittal in Criminal Trial – Scope Clarified – Petitioner, a Junior Language Teacher, challenged disciplinary proceedings on the ground of acquittal in criminal trial involving POCSO charges—Court held that departmental proceedings are governed by preponderance of probabilities and not by strict criminal law standards—H...
Contempt of Court – Breach of Undertaking – Advocate's Wilful Disobedience – Serious Misconduct – Sentence of Imprisonment Awarded – The contemnor, a practicing lawyer, continuously disobeyed eviction orders passed by the High Court and affirmed by the Supreme Court, deliberately breached his undertaking to vacate the premises within the stipulated period, and eng...
Service Law - Family Pension – Death in Harness of Substitute Railway Employee – Completion of One Year’s Service – Pension Entitlement Recognized – Appeal Allowed – The Appellant, widow of a substitute railway employee who died after 9 years and 8 months of service, was denied family pension by Railway Authorities citing non-regularisation and less than 10 year...
Electricity Act - Electricity Tariff – Scope of Note 3 of Regulation 55 – Contractual Obligation to Supply Free Power Beyond 13% Not Affected – Appeal Allowed – The appellant State challenged the High Court’s order that modified the agreed contractual free power supply from 18% to 13% in alignment with CERC Regulations, 2019 – The Supreme Court held that Note 3 ...
Service Law – Rights of Persons with Disabilities – Discrimination in Employment – Violation of Sections 20 and 33 of RPwD Act – The petitioner, a bus driver, suffered a 40% locomotor disability during service and sought allocation of light duties – Despite repeated medical certifications and judicial orders, the respondent Corporation rejected his claim citing non-av...
Civil Law - Compromise Before Mediation Centre – Appeal Withdrawn – Refund of Court Fee – Section 89 CPC and Section 16 of the Court Fees Act – Appeal filed against judgment and decree withdrawn after compromise between parties before Mediation and Conciliation Centre of the High Court – In view of settled legal position, parties entitled to refund of court fees affix...
Tenancy Law - Landlord-Tenant Dispute – Ejectment Decree – Appellant landlord filed suit for ejectment and arrears of rent against respondent tenant for defaulting on rent and other charges from 1st June 1999 to 11th September 2000 – Trial Court decreed suit in favour of landlord, ordering eviction and payment of arrears along with mesne profits – High Court set aside the d...
Family Law – Sections 9 and 13 of the Hindu Marriage Act, 1955 (HMA) - Divorce on Ground of Adultery and Desertion – Evidence Held Insufficient – Divorce Denied – The appellant alleged that his wife established an illicit relationship with another man and deserted the matrimonial home, and sought divorce on these grounds – The Family Court dismissed the suit for lack ...
Matrimonial Law - Admissibility of Secretly Recorded Conversations – Balance between Right to Fair Trial and Privacy – Section 122 of Indian Evidence Act – Appeal Allowed – The Supreme Court allowed the appeal filed by the husband challenging the High Court’s decision disallowing the admission of secretly recorded conversations in a matrimonial proceeding – Held...
Civil Law - Order VII Rule 11 CPC – Scope of Rejection of Plaint – Rejection of Plaint on Ground of Res Judicata Set Aside – The appellant challenged the orders of the Trial Court and High Court which allowed rejection of plaint under Order VII Rule 11 CPC on the ground of res judicata due to an earlier ex parte decree – Supreme Court held that adjudication on res...