Service Law – Redesignation of Posts – Distinction Between Schemes – Appeal Dismissed – Appellant was appointed as Junior Field Officer (JFO), Group B, but was redesignated as Carpet Training Officer (CTO), Group C, in 1978 – Claimed entitlement to be treated as Handicrafts Promotion Officer (HPO) like other JFOs – Held: JFOs in Carpet Scheme and Marketing Schem...
Income Tax – Section 263 – Revisionary Jurisdiction – No Enquiry by AO – Appellant claimed 100% depreciation on leasehold improvements (interior works, partitions, etc.)—Assessing Officer allowed claim without examining nature or rate of depreciation—Held: As AO failed to conduct enquiry or apply mind to the issue, order was erroneous and prejudicial to revenue&...
Civil Law - Relocation & Rehabilitation Policy – Eligibility for alternate shop – Scope restricted to licensees, lessees, or Tehbazari holders – The appellant, not being a licensee, lessee, or Tehbazari holder, was not eligible for relocation benefits under the Delhi MRTS Project Policy – Held: Scheme was only applicable to shopkeepers having valid legal rights conferre...
Service Law – Dismissal from Service - Disciplinary Proceedings – Validity of Dismissal – Principles of Natural Justice Not Violated – The appellant alleged procedural violations including non-supply of documents and prolonged inquiry – Held: No prejudice shown to have been caused by these omissions – Rules of natural justice require real, not technical, prejudi...
Adverse Possession – Ownership Claim – Plaintiffs claimed ownership of suit land by adverse possession for over 12 years – Trial court held possession but dismissed suit as time-barred – First appellate court reversed, declaring plaintiffs owners by adverse possession – Regular second appeal dismissed by High Court, affirming adverse possession due to uninterrupted, h...
Child Custody Law - Visitation Rights – Paramountcy of Child’s Welfare – Writ Dismissed – Petitioner challenged visitation rights on grounds of non-payment of maintenance and desertion by father – Held: Visitation right is independent of spousal disputes and hinges solely on welfare of the child – Denial of access without extreme justification is not permissible...
Civil Law - Section 5 of the Limitation Act - Delay Condonation – Exorbitant Delay – Lack of Bona Fides – Delay Not Condoned – The petitioner sought to condone a delay of 4864 days in filing a revision petition against the dismissal of an application to implead legal heirs in a suit for specific performance – The only ground cited was ignorance of earlier proceedings ...
Civil Writ - Education Law – Withdrawal of Recognition of School – Interim Protection Granted – Petitioner institution, running an English-medium school in Bengaluru for over 30 years, challenged cancellation of recognition issued under Sections 34 and 39 of the Karnataka Education Act on grounds of misrepresentation and unclear property title – Held: Institution has altern...
Nominee Under Insurance Act – Beneficial Nominee vs. Heir – Nominee Not Absolute Owner – Writ Dismissed – Court held that nomination under Section 39(7) of the Insurance Act, though termed “beneficial”, does not override statutory rights of heirs under Hindu Succession Act – Held: Succession law is a specific statute on devolution of property; Insurance Ac...
Civil Law - Partition Suit – Share Apportionment – Preliminary Decree Modified in Part – Trial Court passed preliminary decree dividing properties A, B, and C into specific shares among the plaintiff and legal heirs of two deceased members of the family – Appellants (wife and minor son of predeceased son) contended misallocation in A schedule shares – Held: Trial Cour...