Civil Writ – Service Law - Performance Appraisal – Role of IAS Officers in IFS PAR – Government Order Quashed – Government of Madhya Pradesh issued a G.O. on 29th June 2024 allowing IAS officers to participate in the appraisal of IFS officers – Held: Such appraisal structure is contrary to Supreme Court’s binding rulings in Santosh Bharti and P.C. Wadhwa cases &...
Civil Law – Agricultural Land Transfer – Invalid Sale – Suit land originally ancestral property of plaintiff – Plaintiff, member of Co-operative Society, obtained a loan creating charge on land – Later executed registered Sale Deed dated 02.11.1971 in favour of defendant no.1 (his nephew and son-in-law) without society’s prior sanction – Same day, executed...
Taxation Law - Income Tax Search and Seizure – Challenge to Warrant of Authorization under Section 132 – Search Held Illegal – Petitioners, senior citizen promoter-shareholders of India Pesticides Ltd., challenged the validity of search and seizure operations conducted under Section 132 of the Income Tax Act, 1961 and a notice under Section 131(1A) – Petitioners contended t...
Consumer Law - Challenge To Constitutionality And Validity Of Specific Provisions Of The Consumer Protection Rules, 2020 - Consumerism and Constitutional Philosophy – Broad Interpretation of Consumer Rights – Socio-Economic Relevance Affirmed – The Court held that the concept of consumerism is constitutionally embedded within principles of equality, dignity, justice and participa...
Service Law – Abandonment of Service vs Termination – Reinstatement Order Set Aside – Bank employee overstayed ex-India leave and thereafter absented without explanation – Labour Court ordered reinstatement citing lack of enquiry – High Court held: conduct established abandonment of service, not termination – No enquiry required – Reinstatement order contr...
Civil Law - Pleadings – Rejection of Plaint – Order VII Rule 11 CPC – Limitation and Customary Law – Rejection Not Permissible Without Evidence – The petitioner sought rejection of a plaint invoking Order VII Rule 11 CPC, arguing that the claim of inheritance based on a 1926 mutation and the Customary Law barring inheritance through daughters disclosed no cause of act...
Civil Law - Family Settlement – Coparcenary Rights – Exclusion of Major Coparcener – Injunction Justified - Plaintiff, a major coparcener in the Biswanath Ganeriwala HUF (BHUF), was excluded from the 2008 Deed of Partition and 2009 Deed of Declaration, purportedly on false representation of minority – Court held prima facie case of fraud and misrepresentation made out &ndas...
Civil Law - Partition Suit – Amendment of Preliminary Decree – Discovery of Prior Endowment Deed – Amendment Upheld - Plaintiff sought amendment of a 1995 preliminary decree in a partition suit in 2018 based on a 1969 endowment deed discovered in 2017 – Trial Court allowed the amendment, recognizing the property had been endowed to a Deity and thus was not part of the inher...
Civil Writ - Service Law – Police Discipline – Unauthorized Absence – Quantum of Punishment Reduced - Petitioner was absent for 24 hours and 20 minutes and faced departmental action – Initially dismissed, later penalty reduced to forfeiture of 10 increments with permanent effect – Held: Punishment disproportionate to misconduct – Absence not in context of hostil...
Civil Law – Impleadment of Parties – Necessary vs. Proper Parties – Impleadment Set Aside – Petitioners challenged the trial court’s order permitting respondents No. 8, 9, and 10 to be impleaded as defendants in ongoing suits over Trust property on the basis of an unprobated Will by Rajmata Sushila Kumari Ji – Held: The added respondents were neither necessary n...