LPG Distributorship – Disqualification Alleged – Appellant challenged allotment of LPG distributorship to the 4th respondent on the ground of offering the same land by two applicants – High Court dismissed the challenge – Guidelines required land ownership or lease on the date of application – Affidavits executed at the time of field verification found permissible &nd...
Civil Law – Right to Dignified Burial – Obstruction of Burial – Demarcation of Burial Grounds – Appellant, a Christian, sought to bury his father in a burial ground historically used by his community within their native village of Chhindwada – Villagers objected, citing lack of formal designation for Christian burials and alleged disturbance to public order – Hi...
Registration of Documents – Non-production of Parent Deed – Rule 55A of Tamil Nadu Registration Rules – Refusal by the Sub-Registrar to register a settlement deed on the ground of non-production of the original parent deed – Held: Insistence on producing the original parent document is arbitrary when certified copies are available and the title is verifiable through the Sub...
Habeas Corpus – Custody of Minor Child – Welfare of the Child as Paramount Consideration – Section 6 of Hindu Minority & Guardianship Act – The petitioner-mother sought a writ of Habeas Corpus for the release of her 8-month-old son from the custody of the father, claiming the child's best interest lies with her as per Section 6 of the Hindu Minority & Guardiansh...
Service Law – Compulsory Retirement – Modification of Punishment – Writ Petition Partly Allowed – Appellant/Bank challenged the order of the learned Single Judge directing inclusion of the compulsory retirement period (07.01.2002 to 17.09.2009) in total service for computation of retiral benefits – Employee also appealed seeking additional benefits denied by the Singl...
Employment Law – Gratuity – Forfeiture of Gratuity for Misconduct – Employer Retained Gratuity Amount without Recovery Proceedings – Petition by Central Warehousing Corporation challenging the order of the Controlling Authority directing payment of gratuity to an employee dismissed for issuing 93 negotiable warehouse receipts to fictitious persons causing loss of Rs. 1.71 c...
Land Acquisition – Market Value – Re-determination – The Reference Court enhanced compensation for acquired land at Rs.250 per sq. ft., but the High Court reduced it to Rs.200 per sq. ft. – The Court noted that the Reference Court erroneously relied on post-notification market values and failed to base its determination on contemporaneous evidence of 2007 when the prelimina...
Labour Law - Certified Standing Orders – Exercise of Power Under Clause 28 – Non-Compliance with Clause 27 – Impersonation Allegation – Removal Set Aside – Clause 28 allows removal without following regular departmental enquiry only in limited cases such as criminal conviction or when continuation of service is against security interests – In the present case, t...
Service Law - Juvenile Justice Act – Applicability to Recruitment – Suppression of Criminal Case – Petitioner, a juvenile at the time of the alleged offence, did not disclose a pending criminal case in his attestation form when joining SSB – Termination of service on this basis held unsustainable – Juveniles are protected from disqualification under Section 19 of the ...
Civil Law - Res Judicata – Subsequent Application in the Same Proceedings – Bar under General Principles – Respondents filed a second application for issuance of a commission under Order 26 Rule 10 CPC after an earlier application on similar grounds had been rejected by the trial court – Held: The principle of res judicata applies to interlocutory orders at different stages...