Civil Law - Transfer of Execution Proceedings – Section 24 CPC – Mere Apprehension Not Sufficient – Petitioner sought transfer of execution petitions E.P.No.2/2024 and E.P.No.3/2024 from Civil Judge (Senior Division), Narsapur to III Additional District Judge, Kakinada – Held: No legal ground made out – Execution petitions pertain to decrees passed by Narsapur Court c...
Service Law - Pension Scheme – Challenge to Cut-off Date – Article 14 Violation Alleged – Dismissed - Petitioners challenged the repeal of the Himachal Pradesh Corporate Sector Employees Pension Scheme, 1999 by notification dated 02.12.2004 and the cut-off date that allowed only employees retired before that date to receive benefits – Petitioners sought parity under Article...
Civil Law - Permanent Injunction - Agreement to Sell – Maintainability - No Right Against Third Party – Suit Barred – Rejection of Plaint Upheld - The respondents filed a suit for injunction based on an agreement to sell with third parties, without impleading the actual vendors or establishing title – Held: An agreement to sell does not create any right in property as per S...
Civil Appeal – Breach of Provisions of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Challenge against the High Court's dismissal of appeal regarding the sale transaction and eviction order – Remand for fresh consideration on facts and law. [Para 2, 17]
Property Law – Partition and Sale of Ancestral Agricultural Land – Disput...
Corporate Insolvency Resolution Process (CIRP) – Belated inclusion of claim – Appellant’s claim related to an arbitral award dated 01.08.2016, which was in appeal under Section 37 of the Arbitration Act – An agreement entered into on 02.08.2006 for the development of land into a residential group housing complex – Alleged misconduct by the Corporate Debtor in advertis...
Adoption Validity – Contesting of Registered Adoption Deed – Section 16 of Hindu Adoptions and Maintenance Act, 1956, raises presumption in favor of registered adoption documents, but is rebuttable – Requirements of actual giving and taking in adoption under Section 11(vi) of the same Act not convincingly proven – Adoption ceremony’s credibility doubted due to absence...
Writ Petition - Grant of LPG Distributorship – Challenge of Approval – Civil Appeal – Supreme Court finds that writ court improperly entertained writ petition against LPG distributorship approval granted to appellant – Initially, both appellant and respondent No. 1 were eligible for distributorship, with appellant eventually granted the right after a draw of lots – Re...
Service Law – Post Graduate Medical Courses – In-Service Quota – Eligibility: The Supreme Court held that there is a clear distinction between junior resident doctors who completed their undergraduate medical courses at ESIC institutions and regularly recruited Insurance Medical Officers (IMO-II). The in-service quota for postgraduate medical courses is justifiably reserved ...
Facts:
The dispute arises from the reorganization Scheme, which led to the re-description of the post of Telephone Operators as RTOs. The new post carried a higher pay scale and required specialized training. The reorganization introduced an element of selection criteria, including a minimum of 5 years of service. The question was whether the appellants, who were Telephone Operators seeking de...
Public Premises Act – Applicability of Limitation – Section 18 of Limitation Act Held
Applicable – Recovery Proceedings Revived - The Estate Officer’s proceedings under
Section 7(1) of the PP Act were held barred by limitation by the District Judge and High Court – Held: Though limitation under Article 52 of Limitation Act applies, the acknowledgment in writin...