Employment Law - Reservation in Public Employment – Requirement of Valid Certificate by
Cut-Off Date – Rejection Upheld – Appellants were excluded from interview round for Civil Judge Cadre due to OBC-NCL/MBC-NCL/EWS certificates not being valid as on application cut-off date (31.08.2021) – Held: Advertisement required valid certificate as per rules— Relevant c...
Civil Law – Recovery - Promissory Note – Burden of Proof – Plaintiff Discharged Burden – Defendant Failed to Rebut – Suit Based on Two Promissory Notes – Plaintiff examined himself and proved original documents – Defendant, who alleged forgery, failed to enter witness box or produce any evidence – Burden to rebut shifted to defendant and remained und...
Civil Law - Specific Performance – Validity of Agreement and Compliance by Vendees – Agreements Upheld – Both agreements to sell dated 28.04.1984 and 10.06.1985 found to be valid and unrevoked – Plaintiffs proved payment of earnest money and continued possession – Held: Trial court rightly found that plaintiffs fulfilled their contractual obligations while the vendor ...
Civil Writ - Customs Law – Amendment of IGM – Section 30(3) of the Customs Act – Delay and Noncompliance – Amendment Permissible - The Court held that authorities failed in their statutory duty under Section 30(3) of the Customs Act, 1962, to amend the Import General Manifest (IGM) despite a valid Bill of Lading showing Ludhiana as the final destination – Their relian...
Family Law - Child Custody – Mutual Consent Divorce – Subsequent Custody Petition – Impermissible Under Guardians and Wards Act – Allowed Under Hindu Marriage Act Only - Custody of child was settled by consent in mutual divorce decree under Section 13(b), granting custody to mother – Father subsequently filed petition under Section 25 of Guardians and Wards Act &ndash...
Civil Writ - Bike Taxi Services – Registration of Motorcycles as Transport Vehicles – Legal Permissibility under MV Act – Permitted - The petitioners including aggregators like Uber, Ola, and Rapido, and individual bike owners sought directions to register motorcycles as transport vehicles and grant permits for use as bike taxis – Held: Under existing law, motorcycles can b...
Civil Writ - Parens Patriae Jurisdiction – Protection of Orphaned Children – Asset Safeguarding – Intervention by Court Justified - The Court exercised its parens patriae jurisdiction for minor petitioners orphaned due to tragic circumstances, who were residing in child care institutions – Petitioners alleged that relatives were attempting to illegally encroach and misuse t...
Arbitration Law – Limitation under Section 34(3) ACA – Exclusion of Date of Receipt under Section 12(1) of Limitation Act Permissible - The limitation period for filing a Section 34 application begins after excluding the date of receipt of the arbitral award under Section 12(1) of the Limitation Act – Held: The date of receipt (09.04.2022) must be excluded – The 3-month per...
Guardianship – Applicability of JJ Act over Guardians and Wards Act – JJ
Act Held Applicable – Children were found to be orphans within Section 2(42)(ii) of JJ Act as their mother was missing and mentally incapacitated and maternal grandmother expressed inability to care – Court held that JJ Act overrides the Guardians and Wards Act in such cases – Guardianship ap...
Service Law – Recovery of Excess Payment – No Misrepresentation or
Fraud – Recovery Held Illegal – The appellants, retired Stenographers, were granted financial benefits based on retrospective promotions linked to Shetty Commission recommendations – After their retirement, recovery orders were issued on the basis of an erroneous interpretation of such recommendati...