Criminal Law – Transfer of Investigation - Suspicious Death – Alleged Harassment in Public Undertaking – CBI Investigation Ordered - The deceased Vimal Negi, a GM at HPPCL, allegedly faced sustained pressure to approve irregular financial decisions – Inquiry by Additional Chief Secretary (Home) confirmed misconduct by senior officers – Report suppressed by State and i...
Civil Law - Injunction – Temporary Injunction Against Non-Party – Order 39 CPC – Not Maintainable – Appellants sought temporary injunction restraining respondent (a subsequent purchaser) from raising construction on suit property – Respondent was not party to the pending appeal or the original suit – Held: Under Order 39 Rule 1 and 2 CPC, temporary injunctions c...
Property Law – Unregistered Sale Agreement – Possession – Bar under Rehabilitation Act – Second Appeal dismissed – Defendant entered into unregistered agreement to purchase agricultural land affected by Jeegaon Resettlement Project – Paid Rs. 3,00,000/- out of Rs. 3,50,000/- – Defendant placed in possession but sale deed not executed due to legal bar under...
Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued...
Taxation Law - Capital Gains – Timing of Transfer under JDA – Section 2(47)(v) – Substantive Assessment from A.Y. 2007–08 – Not Taxable in A.Y. 2006–07 - Held: The transaction under the unregistered Joint Development Agreement dated 23.11.2005 did not amount to “transfer” under Section 2(47)(v) read with Section 53A of the Transfer of Property Act in...
Civil Law - Res Judicata – Declaration And Injunction Over Ancestral Property - Previous Suit Involving Same Parties and Property – Appeal Dismissed – Plaintiff-appellants filed suit claiming coparcenary rights over 1/5th share of land through inheritance from Satnam Singh – Defendants contended suit barred by res judicata due to prior litigation involving same dispute and ...
Land Assignment – Interpretation of “Shop Sites” – Petroleum Outlet Not Barred – Writ Allowed – Petitioner sought NOC to establish petroleum outlet on assigned land – Application rejected by ADM citing Government Order interpreting “shop sites” as “small shops” – High Court held: Rule 3 of the Special Rules, 1993 does not rest...
Limitation - Section 5 of the Limitation Act, 1963 - Delay in Filing Appeal – Applicability of Section 13(1-A) of Commercial Courts Act – Appeal Time-barred – The appellants filed appeals against the judgment of the Single Judge dated 31.07.2023 with a delay of 55 days beyond the statutory 60-day period under Section 13 of the Commercial Courts Act – Held: Delay not condona...
Civil Law - Probate Proceedings – Alleged Forgery of Will – Production of Medical Records – Application Dismissed – Petitioner sought direction to the executor to produce hospital and medical records of the deceased mother to establish her incapacity to execute the will – Trial Court rejected application on ground that records were not in plaintiff’s custody and...
Service Law - Termination – Loss of Lien under Standing Orders – Clause 19(ii) Invoked – Termination Upheld – Petitioner, a confirmed workman, remained absent unauthorisedly from 01.10.1990 and was struck off from rolls on 26/28.02.1991 under Clause 19(ii) of HAL Standing Orders – Held: Management had two procedural options – either initiate disciplinary enquiry...