Debottar Property – Challenge to Compromise Decree – Dismissal of Declaration Suit Upheld – Appellant challenged a compromise decree involving debottar property – Held: The decree only settled seva pala rights between two shebaits; title of deity not affected – Plaintiff’s suit filed 17 years later without any direct impact or cause of action – Concurrent ...
Service Law - Transfer – Equivalence of Post – Non-Cadre Transfer Held Illegal – Appellant transferred from post of Chief Medical & Health Officer (CM&HO), a cadre post, to Deputy Controller, which is not included in the amended cadre list of 2012 – Held: Transfer constitutes deputation to a non-cadre post without statutory backing – Reliance on outdated rules...
Service Law - Family Pension – Legal Entitlement of First Wife – Marriage Not Dissolved – Held: Plaintiff, being legally wedded wife, entitled to family pension despite separation – Marriage never dissolved and was subsisting till husband’s death – Trial court rightly granted her limited relief of family pension [Paras 22–24, 28].
Nomination and Will &n...
Civil Law - Land Acquisition Compensation – Reliance on Auction Sale Exemplar – High Court Erred – The High Court’s compensation of ₹1.35 crore per acre based on Golden Mile project auction rates was held excessive – Supreme Court found such post-notification sales and auction-based exemplars unreliable due to enhanced prices from public project awareness – Se...
Suo Motu Writ - Motor Accident Compensation – Unclaimed Compensation – Systemic Shortcomings Identified – Court took cognizance of vast unclaimed amounts in MAC Tribunals and Labour Courts across States (e.g., ₹459 crores in Bombay, ₹282 crores in Gujarat) – Directed formulation of procedural safeguards to ensure disbursal to rightful claimants – Suo motu action b...
Motor Accident Compensation – Reliance on Income Tax Returns – Tribunal Award Restored – Supreme Court held that exclusion of Income Tax Return for Assessment Year 2008-2009 by High Court was erroneous – Return reflected income for the period prior to the date of accident and was valid for computing compensation – High Court’s logic that return was filed after a...
Election Law - Corrupt Practice – Election Manifesto Promises – Not Attributable to Candidate – Petition Rejected - Allegations of corrupt practices arising from the 'five guarantees' made in the INC's election manifesto were held insufficient to constitute corrupt practice under Section 123 of the R.P. Act – The Court relied on S. Subramaniam Balaji v. State of...
Contempt of Court – Disobedience of Final Judgment – Plea of Private Forest Land Rejected – Contempt Established - The Court held that the respondents wilfully disobeyed the final judgment in W.P.(C) No. 593 of 2017 and LPA No. 786 of 2018 (affirmed by the Supreme Court in SLP(C) No. 8108 of 2021) by issuing letters branding petitioner’s land as ‘private forest land&r...
Civil Law - Partition Suit – Temporary Injunction – Prima Facie Case Established – Injunction Confirmed - Plaintiff filed suit for partition and sought injunctions to restrain defendants from alienating and altering suit properties – Trial Court found plaintiff demonstrated prima facie right to claim share in ancestral property – Held: Alienation would dilute plaintif...
Criminal Law - Arms Act – Conviction under Section 7 vs Section 3 – Prohibited Arm Not Proven – Conviction Modified - Appellant was initially convicted under Section 7/25 of the Arms Act for possession of a country-made revolver – Trial court relied on a District Magistrate's report but no ballistic report or scientific evidence was produced to prove it was a prohibited...