Civil Law - Lease Renewal – Enforcement of Renewal Clause – Specific Performance Denied – The appellant sought specific performance of a lease renewal clause under a registered lease deed dated 01.04.1964, claiming entitlement to renewal for another 30 years commencing from 01.04.1994 – The appellant failed to issue legal notice to all defendants before instituting the suit...
Service Law - Pensionary Benefits – Parity with Regular Government Employees – The respondents, appointed under a temporary scheme, sought pension benefits equivalent to permanent government employees – The State contended that they were governed by the Contributory Provident Fund (CPF) Scheme and were not eligible for pensions – Held: The employees were entitled to pension...
Civil Law - Validity of Sale Deeds – Protection of Rustic Village Widows – Application of Legal Test – The appellant, an illiterate widow, alleged that the respondents fraudulently obtained four sale deeds from her under the pretext of executing a power of attorney – The trial court declared the sale deeds void due to misrepresentation, but the first appellate court reverse...
Land Acquisition – Sovereign Power of Eminent Domain – Private Settlement Impermissible – The appellant, a statutory board, challenged an arbitral award enforcing a private agreement that returned part of the acquired land to the original owner – The Supreme Court held that once land is acquired under the Land Acquisition Act, 1894, it vests absolutely in the Government and...
Motor Accident Compensation – Enhancement of Award – The claimants, legal heirs of the deceased, sought enhancement of the compensation awarded by the Motor Accident Claims Tribunal (MACT) and partially increased by the High Court – The Supreme Court found that the High Court underestimated the deceased’s income, failed to apply an appropriate multiplier, and did not adequa...
Writ Jurisdiction Against Private Banks – Function Test Applied – The respondent bank contended that it was a private entity and, therefore, not amenable to writ jurisdiction – The Court held that while a private scheduled bank may not be a state instrumentality, its obligation to allow depositors to withdraw their own funds is a public function governed by statutory regulations ...
Service Law – Resignation Under Duress – No Break in Service – Writ Petition Allowed – The petitioner, an Assistant Engineer in the Howrah Municipal Corporation, was required to resign before being released for deputation as an Executive Engineer under the Ministry of Surface Transport – Upon termination of deputation, he was reappointed as an Assistant Engineer but w...
Patent Law – Refusal of Patent – Cryptic Order Set Aside – Matter Remanded for Fresh Consideration – Petitioner applied for a patent related to a Heat Transfer Assembly for Heat Exchangers – Controller of Patents refused the application on three grounds: (i) change in inventor details without consent, (ii) lack of proper assignment of rights, and (iii) previous invali...
Education Law – Eligibility Criteria for Admission – Subsequent Fulfillment of Requirements – Relief Granted – The appellant secured admission to a B.A.M.S. course despite not meeting the eligibility requirement of passing English in the 10+2 examination – His college was later de-recognized, and students were transferred, but he was denied transfer on eligibility gro...
Service Law – Seniority Dispute – Promotion vs. Direct Recruitment – Applicability of Special Rules, 1960 and Subordinate Service Rules, 1966 – Seniority Upheld for Promoted Engineers – The dispute pertained to the seniority of Assistant Engineers in the Kerala Water Authority, where the appellants, promoted from Draftsman-Grade I, challenged the High Court's deci...