Service Law - Voluntary Retirement – Civil Servant Deputed to Army Postal Service – Retirement While on Deputation – Denied – The petitioner, holding a civil post with the Department of Posts and later commissioned in APS, sought voluntary retirement under Rule 48-A without repatriation – Tribunal held and High Court affirmed that such retirement from APS without repa...
Land Acquisition – Applicability of Section 11 and 11A – Girnar Traders (3) Applied – Challenge Fails – Petitioners challenged acquisition proceedings on the ground of lapsing under Section 11A and lack of prior government approval under Section 11 – Court held that acquisition under MRTP Act is a complete code and amounts to legislation by incorporation, thus amendme...
Civil Law - Gift vs. Will – Determination of Nature of 1985 Document – Settlement Deed Held Valid – Despite the document being titled as a Will by the father, the Supreme Court held that its content, structure, and operative clauses evidenced a gift/settlement in praesenti – The donor retained life interest and limited rights, but unequivocally conveyed ownership to the dau...
Service Law – Delay in Pension and Gratuity Payment – Writ Allowed – The petitioner’s husband, a former Civil Judge (Senior Division), was dismissed from service on 28.02.2001, but his dismissal was quashed by the High Court on 09.03.2018 – Despite this, pension and gratuity were not released until March 2024 – Held: Denial of pension and gratuity despite the se...
Motor Accident Claim – Quantum of Compensation – Incorrect Deduction Towards Income – Enhancement Allowed – Tribunal had wrongly assessed monthly income of the deceased as Rs.2,875/- based on carry-home salary – Court held salary of Rs.3,209/- was proved and should have been considered as gross income – Held: Deduction for personal expenses should have been 1/4t...
Service Law - Distance Education Degree – Validity for Public Service Commission Appointments – The petitioner obtained an M.A. (English) degree from Annamalai University via distance education in 2015-2017 – The Kerala Public Service Commission (KPSC) rejected her application for the post of Scheduled Caste Development Officer, citing that Annamalai University’s distance e...
Service Law – Recruitment Criteria – CGLE Notice vs. Recruitment Rules – Tribunal’s Order Set Aside – Petitioners challenged CAT’s order granting relief to candidates who were rejected for failing to meet the CGLE 2019 eligibility criteria – Tribunal held that the Recruitment Rules (RRs) would override the CGLE Notice – Held: The CGLE Notice merely c...
Matrimonial Criminal Law - Criminal Revision – Domestic Violence Allegation – Acquittal by Appellate Court – Revision Dismissed – Applicant alleged assault and verbal abuse by her husband, leading to trial court conviction under Section 323 IPC – Appellate Court reversed conviction, giving benefit of doubt citing delay in lodging FIR, lack of injury, and contradictory...
SARFAESI Act – Jurisdiction of Cooperative Court – Dispute Filed After Action Initiated by Secured Creditor – Held Not Maintainable – The sugar factory’s property was taken over by Maharashtra State Cooperative Bank under the SARFAESI Act and sold to Astoria, later purchased by the petitioner – Depositors filed disputes in Cooperative Court without impleading th...
LL.B. Course – Delay in Completion – Ordinance 7(c)(3) – Student Allowed to Appear in Back Paper Beyond Six-Year Limit – Withholding of Result Unjustified – The University, after allowing the student to appear in the back paper and issuing a provisional admit card, attempted to withhold the result citing the six-year completion rule – Held: Once the University p...