Service Law – Abandonment of Service vs Termination – Reinstatement Order Set Aside – Bank employee overstayed ex-India leave and thereafter absented without explanation – Labour Court ordered reinstatement citing lack of enquiry – High Court held: conduct established abandonment of service, not termination – No enquiry required – Reinstatement order contr...
Civil Law - Pleadings – Rejection of Plaint – Order VII Rule 11 CPC – Limitation and Customary Law – Rejection Not Permissible Without Evidence – The petitioner sought rejection of a plaint invoking Order VII Rule 11 CPC, arguing that the claim of inheritance based on a 1926 mutation and the Customary Law barring inheritance through daughters disclosed no cause of act...
Civil Law - Family Settlement – Coparcenary Rights – Exclusion of Major Coparcener – Injunction Justified - Plaintiff, a major coparcener in the Biswanath Ganeriwala HUF (BHUF), was excluded from the 2008 Deed of Partition and 2009 Deed of Declaration, purportedly on false representation of minority – Court held prima facie case of fraud and misrepresentation made out &ndas...
Civil Law - Partition Suit – Amendment of Preliminary Decree – Discovery of Prior Endowment Deed – Amendment Upheld - Plaintiff sought amendment of a 1995 preliminary decree in a partition suit in 2018 based on a 1969 endowment deed discovered in 2017 – Trial Court allowed the amendment, recognizing the property had been endowed to a Deity and thus was not part of the inher...
Civil Writ - Service Law – Police Discipline – Unauthorized Absence – Quantum of Punishment Reduced - Petitioner was absent for 24 hours and 20 minutes and faced departmental action – Initially dismissed, later penalty reduced to forfeiture of 10 increments with permanent effect – Held: Punishment disproportionate to misconduct – Absence not in context of hostil...
Civil Law – Impleadment of Parties – Necessary vs. Proper Parties – Impleadment Set Aside – Petitioners challenged the trial court’s order permitting respondents No. 8, 9, and 10 to be impleaded as defendants in ongoing suits over Trust property on the basis of an unprobated Will by Rajmata Sushila Kumari Ji – Held: The added respondents were neither necessary n...
Civil Writ - Society Membership – Balija Community – Eligible Applicants Denied Consideration – Appeals Allowed - Petitioners seeking membership in a community society were denied consideration despite eligibility – District Registrar directed the society to consider requests, but the society failed to act – Held: Petition maintainable, registrar’s directive val...
Civil Law – Recovery – Contract - Supply of Paddy – Breach of Milling Obligation – Agreement Not Proved – Appeal Dismissed - Plaintiff Markfed claimed recovery due to delay and deficiency in return of milled rice – Receipts of paddy supply (Ex.P6 to Ex.P10) relied upon – However, no formal agreement filed or proved – PW1 admitted agreement was ...
Civil Law - Impleadment – Deletion of Name – Order I Rule 10 CPC – Deletion Denied – Appellant impleaded as legal heir during execution but raised no objection at that stage – Later attempt to seek deletion held barred by res judicata – The Court held that once a party has been impleaded after due inquiry without objection, it is not open to them to challenge it...
Environmental Law – Contempt and Violation - NGT Jurisdiction – Penal Action under Section 26 NGT Act – Mayor Not Liable – Appeal Allowed - Supreme Court held that penal provisions of Section 26 are to be strictly construed – Appellant, the then Mayor, was not party to original NGT proceedings nor did he have executive authority to ensure compliance – Held: No v...