Service Law – Promotion Post Merger – Seniority Alone Not Sufficient – High Court upheld cadre-based proportional promotion method over seniority-cum-merit in merged cadres [Paras 2–10].
Service Law – Promotion – Proportionate Promotion vs. Seniority-cum-Merit – Writ Petitions Dismissed – Petitioners claimed priority in promotion based on seniorit...
Partition - Injunction – Concurrent Findings Set Aside – Right of Passage Disputed – High Court reversed concurrent findings of both courts below that had granted injunction to plaintiffs based on oral partition and site plan – Held: Dimensions in site plan not aligned with memorandum of oral partition, showing excess area in plaintiffs’ possession – Plaintiffs&...
Income Tax Act, 1961 – Ss.148 & 282 – reassessment notice sent by speed post (not registered post) without affixation – presumption of service u/s 27 GCA inapplicable – strict compliance mandatory – ITAT order set aside, reassessment quashed.
Income Tax – Reassessment – Service of Notice – Speed Post Not Equivalent to Registered Post – A...
Partition – family settlement (13.12.2003) upheld as binding despite missing “original” – adverse inference for non-examined defendant – preliminary decree for partition and injunction granted; appeals allowed
Partition – Family Settlement – Exhibit A1 Treated as Original – Preliminary Decree Passed – Plaintiffs relied on Exh.A1 family settl...
Civil Writ - Illegal Migrant - Foreigners’ Tribunal – Burden of Proof – Section 2(a) of the Foreigners Act, 1946 – Declaration as Foreigner Upheld – Petitioner failed to establish linkage with projected parents through sale deed, jamabandi, and electoral rolls – Tribunal held evidence unreliable and inadmissible – High Court upheld Tribunal’s view, h...
Civil Writ - Registration of Deed – Oral Refusal by Sub-Registrar – Section 71 of the Registration Act, 1908 – Illegal – Sub-Registrar cannot orally refuse to receive document for registration – Must receive and either register or pass a reasoned refusal order – Oral refusal set aside [Paras 3-4].
Co-owner’s Right to Alienate – Section 44 of the T...
Service Law – Regularization of Quasi Employees – No Employer-Employee Relationship – Writ Dismissed – Petitioners claimed employment under a non-statutory recognized canteen and sought regularization – Court held no valid agreement existed under Para 2833 of IREM, no supervision or control by Railway – Tribunal rightly held that no employer-employee relationshi...
Matrimonial Law – Civil Revision - Interim Maintenance – Section 24 of the Hindu Marriage Act – Maintenance to Wife Set Aside – The petitioner-husband challenged the Family Court’s order directing him to pay ₹30,000/- per month each to his wife and son – While not disputing maintenance to the son, the petitioner contended that the wife was financially self-suf...
Civil Law - Partition Suit – Validity of Family Settlement – Registration Not Required – Partition Upheld – The Appellants contended that the Family Settlement was superseded by a Builders’ Agreement and required registration – Court held that the Memorandum of Family Settlement merely delineated enjoyment rights and did not create or extinguish any rights in im...
Matrimonial Law - Maintenance – Section 24 of the Hindu Marriage Act – Appeal partly allowed – Family Court granted Rs. 35,000/- per month for child but denied wife’s maintenance – Held: Object of Section 24 HMA is not mere subsistence but to ensure parity of lifestyle between spouses during litigation – Wife earning Rs. 1,25,000/- per month does not disentitle ...