Civil Law - Confiscation of Caste Certificate - Caste Verification – Koli Mahadev Tribe – Pre-Independence Documentary Evidence – Higher Probative Value – Appeal Allowed – The appellant’s caste claim was rejected by the Scrutiny Committee and the High Court despite producing a 1943 school admission record showing his grandfather’s caste as Koli Mahadev &nd...
Company Law - IBC Appeal – Limitation and Filing Requirements – Section 61(2) IBC and Rule 22(2) NCLAT Rules – Appeal Barred – Respondent No. 1 e-filed appeal before NCLAT on 25.07.2023 without certified copy of impugned order or application for condonation of delay – Certified copy applied for only on 23.08.2023 and delay condonation sought on 22.09.2023 – Limi...
Judicial Service Law - Appointment of District Judges – Interpretation of Article 233(2) – Reference to Constitution Bench – Civil Appeal and Connected Matters – Multiple petitions sought review/clarification of Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401, wherein a three-judge bench held that only persons not in judicial service are eligible for direct recruitment ...
Civil Law - Port Tariff Revision – Arbitration Award and Appellate Orders Set Aside – Dispute between Paradip Port Authority and Paradeep Phosphates Ltd. regarding revision of tariff for exclusive use of “fertilizer berth” under agreement dated 03.08.1985 – Arbitrator (2002) quashed unilateral tariff enhancement from October 1993 to 31.03.1999 and directed parties to ...
Service Law - Transfer Policy – Mass Transfers at behest of Public Representatives – G.O.Ms.No.23 (15.05.2025) & G.O.Ms.No.5 (12.06.2025) – Partial Allowance/Remand – Common order on batch WPs challenging 2025 transfers; Court finds large-scale recommendations by MLAs/MPs fixed both transfer and posting, undermining executive instructions; directs fresh counselling stri...
Civil Law - Representative Suit – Conversion After 21 Years – Writ Petition Allowed – Association of retired employees filed suit in 2004 seeking multiple pensionary benefits under Vysya Bank Employees’ Pension Regulations, 1995 for members retired under VRS 2002—In 2024, plaintiffs applied under Order I Rule 8 CPC to convert into representative suit—Trial court...
Civil Writ - Panchayat Election – Sole Nomination – Election Process Frustrated – Petition Dismissed – Election to President of Nalluru Gram Panchayat was scheduled for 21.07.2025—Only petitioner submitted nomination, but Prescribed Election Officer failed to attend and no scrutiny or further process occurred—Some members could not submit nominations due to offi...
Civil Law – Order 7 Rule 11 CPC – Statutory Notices (s.80 CPC, s.280 ZP Act, s.180 MVP Act) – Plaint Rejected – Respondent filed suit on 30.07.2024 challenging eviction steps (order 01.03.2024; notice 15.07.2024) after issuing notice dated 24.07.2024 – Held: Pre-suit notice requirements under s.80 CPC (two months, waiver only per s.80(2)) and under s.280 ZP Act ...
Family Law - Transfer Petition – Custody Proceedings – Welfare of Minor – Transfer Allowed – Petitioner-wife sought transfer of proceedings filed by husband under Section 12 of the Guardians and Wards Act for custody of six-month-old child from Jalpaiguri to Dehradun – Court held that compelling the mother to travel with a breast-feeding child would result in grave ha...
Motor Accident Compensation – Cancelled Insurance Policy – Pay and Recovery – Appeal Disposed – Offending vehicle’s insurance policy cancelled over three months before accident due to dishonoured premium cheque; insurer intimated owner and RTO—Tribunal and High Court still directed insurer to pay claimants and recover from owner—Supreme Court applied Dedda...