Election Law – Scheduled Caste Status – Proof of Caste and Religion – Election Validated – High Court’s finding that the appellant was not a Hindu Parayan of Kerala and had converted to Christianity was held unsustainable – Supreme Court found appellant’s ancestors were settled in Travancore prior to 1950, fulfilling residency requirement under Presidentia...
Civil Law - Order XII Rule 6 CPC – Judgment on Admission – Power to Dismiss Suit – Invocation Justified – Partition suit dismissed by learned Single Judge under Order XII Rule 6 CPC on admitted pleadings and documents without need for trial – Held: Court has discretion to dismiss the suit if admission in pleadings negates cause of action – Power under Order XII ...
Civil Procedure – Striking Off Defence – Delay in Filing Written Statement – Petition Dismissed – Petitioner’s defence was struck off for failure to file written statement within the prescribed period – Though petitioner appeared after affixation service, no request for time or application to file written statement was made – High Court held that mere ap...
Civil Writ – Service Law - Departmental Enquiry – Disproportionate Punishment – No Parity Violation – Dismissal Upheld – Respondent-doctor dismissed for drug misappropriation during a common enquiry – Tribunal had set aside dismissal citing discriminatory treatment vis-à-vis co-delinquents – High Court held doctors held higher responsibility than co...
Criminal Law - Sections 471, 417, and 420 IPC - Forged Caste Certificate – Use as Genuine Document – Conviction Upheld - The petitioner used a forged Scheduled Tribe certificate to gain employment in a reserved post in the CRPF, although he did not belong to the ST category – The prosecution successfully established the falsity of the certificate through documentary evidence and ...
Education Law – NMC Guidelines – Retrospective Application Denied – Petitioners challenged refusal to revise their MBBS supplementary exam results declared on 18.08.2023 in accordance with the amended CBME guidelines reducing passing criteria from 50% to 40% – Interpretation of Notifications – Retrospective vs Prospective Operation – Notification dated 01.09.202...
Civil Law - Unregistered Sale Deed – Admissibility under Section 90 Evidence Act – Document Not Proven – Sale Deed Disregarded – Respondents relied on a 1975 unregistered sale deed as basis of title – Lower Appellate Court wrongly presumed genuineness due to age – Held: Document was not 30 years old at time of marking; Section 90 presumption inapplicable –...
Taxation Law - Income Tax Settlement – Grant of Immunity – Scope under Section 245H – Immunity Upheld – The Revenue assailed the Settlement Commission’s order only to the extent it granted immunity from prosecution and penalty to the assessee company and its directors – Held: The Settlement Commission’s satisfaction on full and true disclosure, manner of d...
Motor Accident Claim – Insurer’s Liability – Death of Coolie in Trailer Pulled by Insured Tractor – Liability Fastened – Deceased was riding on a trailer attached to an insured tractor when the accident occurred due to negligent driving – Held: Though the trailer was not separately insured, the tractor’s role as the proximate and root cause of the accident...
Electricity Tariff – Additional Capitalization – Replacement of Damaged ICTs – Disallowed - Appellant claimed capitalization for ICTs replaced after fire damage, arguing such replacements were essential for operational efficiency – Held: Such replacements form part of regular maintenance and do not qualify as ‘additional works/services’ under Regulation 53(2)(iv...