Civil Law - Suit under Section 6 of Specific Relief Act – Restoration of Possession – Dispossession without due process – Decree Upheld - Plaintiffs, being the widow and children of deceased Harjinder Pal, were in settled possession of the disputed property when they were forcibly dispossessed by defendants who are their close family members – The defendants contended that ...
Banking Law – Fraudulent Withdrawal – Liability of Bank – Plaintiff firm’s Fixed Deposits of Rs. 25 lakhs and Rs. 5 lakhs prematurely discharged within days of opening – Amounts fraudulently transferred to a current account falsely opened in plaintiff’s name by impersonation – Original FD receipts recovered from Bank custody – Trial Court decreed Rs....
Election Petition – Joinder of Contesting Candidates – Section 63(3) read with Section 62(4) of UP Municipal Corporations Act – Defect Not Curable by Amendment – Petition Maintainability Fails – Respondent filed election petition without impleading all contesting candidates – Later moved amendment under Order VI Rule 17 CPC to implead five remaining candidates a...
Eligibility of Waqf Board Membership – Interpretation of Section 14 of Wakf Act – Membership Ceases Upon Loss of Elective Position – Held that a Member of the Waqf Board elected from among Muslim Members of the Bar Council ceases to be a Board Member upon expiry of their Bar Council term – The legislative scheme implies that Board membership is contingent on continued Bar C...
Service Law - Departmental Disciplinary Inquiry – Procedural Irregularity – Liberty to Re-initiate Denied – Appellant was a police officer charged with failure to control riots in 1984, later exonerated by the Inquiry Officer – High Court set aside the punishment for procedural violations but permitted a fresh note of disagreement – Held: Considering the advanced age ...
Service Law - Departmental Inquiry – Vagueness in Charges – Disciplinary Proceedings Vitiated – The charges framed under Rule 55 of the 1930 Rules were found to be vague, indefinite, and lacking material particulars – The departmental file was not produced despite Court’s direction, leading to adverse inference under Section 114(g) of the Indian Evidence Act – H...
Service Law – Financial Upgradation – MACP vs. ACP Scheme – No Interference – The respondent, an employee of Doordarshan, sought higher Grade Pay under the ACP Scheme despite having accepted financial upgradations under the MACP Scheme without protest – Tribunal allowed the claim relying on B.D. Kadam and was upheld by the High Court – Held: Though subsequent de...
Tenancy Law - Eviction on Bona Fide Need – Application under Section 21(1)(a) – Bona fide requirement upheld – The Prescribed Authority had ordered eviction based on the landlord’s pressing need to start his own business and sustain his family – The Appellate Authority reversed the order without sufficient reasoning, and the High Court upheld the same – Held: Th...
Civil Law - Lok Adalat – Award Finality and Bar on Civil Court Challenge – Challenge Not Maintainable – Civil Court has no jurisdiction to entertain a suit or miscellaneous application to set aside a Lok Adalat award, even on grounds of fraud – Only remedy is a writ under Articles 226/227 of Constitution – Application filed under Order XXIII Rule 3 CPC held not tenabl...
Land Acquisition – Market Value Assessment – Appeal for Further Enhancement Rejected – Appellants sought increased compensation by relying on nearby land valuations fixed in earlier case (LAA No. 57/2015) at ₹56,41,905 per acre – Held: Mere proximity not sufficient; no evidence led to establish comparability or compliance with CPC Order XLI Rule 27 – Existing award ...