Service Law – Judicial Officers – Discharge from Service – Challenge to Termination – Petitioners, who were appointed as Civil Judges (Junior Division) in 2013, were discharged from service under Rule 24(4) of the U.P. Judicial Service Rules, 2001 – The discharge order was based on a Full Court resolution after an inquiry into an altercation involving probationers dur...
Land Law - Slum Redevelopment – Eviction Under Sections 33 & 38 of Maharashtra Slum Act – No Illegality in Notices Issued - The Slum Rehabilitation Authority (SRA) issued notices to slum dwellers under Sections 33 and 38 of the Maharashtra Slum Areas Act, directing them to vacate their premises for redevelopment—Appellants contended that the plot was a MHADA layout and should...
Matrimonial Law - Divorce – Amicable Settlement – Invocation of Article 142 of the Constitution – Decree of Divorce by Mutual Consent - The Family Court granted divorce to the respondent-husband on the ground of cruelty—The High Court upheld the decree—During the appeal before the Supreme Court, the parties opted for mediation and reached a Final Settlement Agreement&...
Civil Law - Land Allotment for Renewable Energy Project – Challenge to Legality – Petitioner was allotted land by the State Government for establishing a solar power project – Private respondents challenged the allotment before the revenue courts – Assistant Collector refused interim relief to respondents – However, Revenue Appellate Authority granted ad-interim injun...
Civil Law - Third-Party Objections in Execution – Applicability of Lis Pendens – The appellants, claiming to be bona fide purchasers, challenged the execution of a decree for specific performance, arguing they were not party to the original suit and had purchased flats on the disputed property through subsequent transactions – Held: The appellants' objections were dismissed a...
Matrimonial Law – Divorce on Grounds of Cruelty – Whether Justified – The Family Court granted a decree of divorce in favour of the husband citing cruelty—Wife challenged the decision, arguing that there was no cruelty on her part and that she suffered harassment due to infertility—Held: Medical records and testimony of PW2 (Doctor) confirmed that the wife had a pre-e...
Income Tax – Disallowance Under Section 40A(3) – Whether Justified – The Tribunal held that no separate addition was made under Section 40A(3) and deleted the disallowance of ₹1,08,34,15,088—Revenue challenged this deletion—Held: Assessing Officer had explicitly mentioned the disallowance and initiated penalty proceedings under Section 271(1)(c)—Tribunal&rsquo...
Land Acquisition – Challenge to Section 6 Declaration – Absence of Notification under Section 17(4) – The petitioners challenged the land acquisition process for the Navi Mumbai Project, arguing that no valid notification was issued under Section 17(4) to dispense with the mandatory enquiry under Section 5A – The State failed to produce any notification invoking urgency pro...
Contempt of Court – No Willful Disobedience – Supervening Circumstances Justified Delay - The petitioner alleged that the respondents failed to distribute the collected ‘Dakshina’ among the three managing families of the temple as per the 2018 High Court judgment – The respondents contended that distribution was temporarily halted due to an internal dispute among fami...
Service Law – Dismissal for Unauthorized Absence – Appellant, a police constable, dismissed for absence from duty without leave from 25.12.1989 to 28.12.1989 and from 22.01.1990 to 27.03.1991 – Appeal contends dismissal was illegal and not in compliance with principles of natural justice and Punjab Police Rules – Lower courts upheld dismissal based on misconduct – Hig...