NDPS Act – Prolonged Pre-trial Custody – Commercial Quantity – Bail Granted - Despite applicability of Section 37 NDPS Act due to commercial quantity involved, petitioner granted bail on the ground of prolonged incarceration of over 1 year and 5 months – Cited multiple Supreme Court rulings allowing bail in similar cases where trial unlikely to conclude soon – Bail co...
Civil Law - Jurisdiction – Civil Court vs. Revenue Court – Section 229-B U.P.Z.A. & L.R. Act – Civil Suit Maintainable – Held: Where plaintiff claims cancellation of a void sale deed allegedly obtained by fraud, cheating, and impersonation, and the plaintiff or her predecessor was recorded tenure-holder, civil court has jurisdiction – Section 229-B not attracted s...
NDPS Act – Freezing of Properties – Section 68F(2) – Freezing Order Confirmed – Petitioner’s challenge to freezing of assets on the ground that properties were acquired prior to registration of NDPS cases was rejected – Held: Authorities acted within legal bounds and confirmed freezing order based on investigation and financial analysis – Burden to prove l...
Tenancy Law - Lease and Eviction – Expired Lease Period – Tenant Liable for Eviction – Second Appeal Dismissed – High Court upheld concurrent findings that the appellant was a tenant under a registered lease deed from 01.11.2002 to 31.10.2008 – Quit notice issued and tenancy not renewed – Appellant held unauthorized occupant thereafter – Eviction decree af...
Service Law - Leave Encashment – Re-employment After Superannuation – Interpretation of Leave Rules – Appeal Allowed – The respondent, a government servant, retired after attaining 58 years and was granted leave encashment for 300 days – He was re-employed and on relieving, was again granted leave encashment for another 300 days – The State later issued a clarif...
Civil Law - Ex Parte Decree – Application Under Order IX Rule 13 CPC – Dismissal Restored – Supreme Court held that the respondents failed to show sufficient cause for their non-appearance on multiple dates prior to and on the date of decree – Delay, repeated adjournments, and lack of evidence of illness undermined their claim – Trial court and appellate court orders ...
Civil Law - Gift Deed – Validity under Muslim Law – Deed Upheld – A registered Gift Deed dated 26.04.1958 executed by the plaintiff’s grandfather was found to be valid under Mahomedan Law, where the grandfather transferred land to his grandson who otherwise would not have inherited – Delivery of possession was proven and misdescription of dag numbers held to be immate...
Civil Law - Contempt Jurisdiction – Scope of Review by Coordinate Bench – Improper Reappreciation – Order Quashed – One Single Judge of the High Court held the Respondent guilty of contempt for willful disobedience of court and arbitral orders – A subsequent Single Judge revisited and reversed that conclusion – Held: The second Judge acted beyond jurisdiction &n...
Service Law - Civil Services – Promotion to Chief Secretary Grade – Incomplete ACRs and Review Committee Assessment – Denial of Promotion Upheld – The appellant, a 1991-batch IAS officer, was denied promotion to the Chief Secretary grade on the ground of incomplete ACRs and adverse remarks – Held: Though considered as a ‘special case’ with less than 90% AC...
Civil Law - Production of Documents – Scope of Order 11 Rule 14 CPC – Application Allowed Despite Dismissal of Suit – Relief Set Aside – Order 11 Rule 14 enables production of documents during pendency of a suit – In the present case, the suit had already been dismissed under Order 7 Rule 11 CPC – Held: Once the plaint is rejected, there is no question of docume...