Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Service Law – Wrongful Pay Fixation – Recovery – Group-D staff performing Group-C duties granted higher pay scale since 2004 – Recovery directed after 10–14 years – Applying Syed Abdul Qadir and Rafiq Masih – Held: Recovery from Group C/D employees, long-delayed and without misrepresentation, is inequitable and arbitrary; impugned memo/order quashed; refun...
Income Tax – Assessment under Section 153D – Mechanical Approval – Validity – Revenue challenged ITAT order which quashed assessments for AY 2007–08 on ground that approval under Section 153D was granted mechanically by Additional CIT through a single omnibus letter covering 246 assessments – Tribunal held approval lacked application of mind and violated legisla...
Tenancy Law - Landlord-Tenant Relationship – Succession of Tenancy – H.P. Urban Rent Control Act – Devolution limited to spouse – Original tenant’s widow, Jawala Devi, alone entitled to tenancy under Explanation-I to Section 2(j) – After her death, tenancy did not devolve further under Explanation-II – Other defendants held to be unauthorized occupants [Pa...
Wildlife Law – Translocation of Captive Deer – Ecological and Welfare Standards – DDA’s decision to translocate approximately 600 spotted deer from A.N. Jha Deer Park, New Delhi, to Rajasthan and Asola Bhatti Wildlife Sanctuary upheld by the High Court – Petitioner (NGO) alleged violations of the Wild Life (Protection) Act, 1972 and IUCN guidelines – Supreme Cou...
Taxation Law - Customs – Refund of Duty – Short Landing or Pilferage – Goods not received by importer – Bill of Entry filed but no Out of Charge order issued – Authorities in dispute over whether goods were short-landed or pilfered – Held: Importer entitled to refund of duty under Section 23 of Customs Act as goods were lost before clearance for home consumption...
Employees’ Compensation – Employer–Employee Relationship – Total Lack of Evidence – Commissioner relied solely on FIR/FIS without oral proof – Appellant specifically denied employment – Held: Existence of jurisdictional fact must be proved; matter remanded for fresh evidence; substantial question of law arises [Paras 7-10].
Employees’ Compensation...
Land Revenue – Correction of RoR – Natural Justice – Order recalling rent fixation and altering RoR passed by Additional Tahasildar without issuing notice or hearing the recorded tenants – Held: Violates settled principles of natural justice; order quashed; matter remanded for fresh hearing [Paras 4-6, 8].
Record of Rights – Correction without Notice – Audi A...
Tenancy Law - Rent Control Act – Co-owner’s Right to Evict Tenant – Ownership Dispute – Tenant’s Purchase of Co-owner’s Share – Tenant claimed ownership by virtue of sale deed dated 15.12.2016 executed by landlord’s sister (co-owner) after eviction petition was filed – Held: Sale pendente lite hit by doctrine of lis pendens – No merger of...
Hindu Law – Maintenance – Unmarried Daughter – Statutory Obligation of Father – Appellant (father), a government teacher earning ₹44,642 per month, challenged decree granting ₹2,500 per month as maintenance and ₹5,00,000 towards marriage expenses to his unmarried 25-year-old daughter – Held: Under Sections 3(b)(ii) and 20(3) of the Hindu Adoptions and Maintenanc...