Service Law – Seniority and Promotion – Delayed Departmental Test – Petitioners challenged restoration of seniority and subsequent promotions of private respondents who cleared departmental test after prescribed probation period—Held: Promotions regularised by Board in 2020; challenge rendered infructuous—Petitioners’ earlier qualification did not override Board...
Environmental Law – PIL - Marine Fishing – LED Fishing, Bull Trawling and Pair Trawling Ban – Rule Made Absolute – Petitioners challenged large-scale illegal fishing using LED lights, DG sets, and banned trawling methods despite statutory prohibitions – Held: Ban orders issued in 2016 (State) and 2017 (Centre) were binding – DG sets were found used only to power...
Arbitration – Commencement Date under BOT Contract – Construction Start on Partial Possession Does Not Alter Commencement Date – Arbitrator Validly Held Date as 23.03.2006 – Court upheld arbitrator’s interpretation that full physical possession was a precondition under the agreement – Partial possession and early start by concessionaire irrelevant – Held: ...
Mining Law – Illegal Quarrying – Government's Revision Order Upheld – Petitioner challenged G.O. (D) No. 102 which reinstated original penalty of ₹32.29 crores for unauthorized quarrying—Court found the revised order legal and justified—Held: Earlier reduction of penalty by Commissioner was fraudulent, unconscionable, and caused loss to exchequer—Impugned ...
Civil Law - Matrimonial Property – Return of Ornaments and Wedding Payment – Partial Decree Sustained – Wife sought ₹3,04,000 under various heads including gold ornaments, Acharam, marriage expenses and presentation items – Family Court granted ₹50,000 (Acharam), ₹1,60,000 (20 sovereigns gold), ₹3,000 (almirah) – Appeal by husband dismissed except on interest ...
Civil Law - Leasehold Mortgage – Consent of Lessor – Mortgage Without Prior Permission – Not Void – MIDC challenged DRAT order affirming validity of mortgage executed by lessee BI in favour of UBI without MIDC’s prior consent – Court held: Though mortgage was in breach of lease condition (Clause 2(t)), it was not void ab initio; MIDC had remedy under Clause 4 (r...
Family Law - Maintenance to Children – Section 125 Cr.P.C. – Quantum Justified – Petition Dismissed – The petitioner challenged the Family Court’s order awarding ₹3,000 per month to each of his three minor children, alleging the income assessment was incorrect – Held: Petitioner is an able-bodied labourer assessed to earn ₹17,000/month, while wife earns ₹8...
Civil Law - Sections 54, 58 and 60 of the Transfer of Property Act - Transfer of Property – Conditional Sale vs. Mortgage by Conditional Sale – Deed Interpreted as Absolute Sale – Deed dated 24.03.1953 executed by Bibi Akikul Nisa was challenged as a mortgage with right of redemption – Trial court and appellate court held deed to be an absolute sale with right to repurchase...
Civil Law - Specific Performance – Limitation – Amendment Cannot Cure Delay – Suit Dismissed - Appellant initially filed suit for injunction based on alleged agreement to sell dated 18.12.2000 – Later amended plaint in 2009 to seek specific performance – Defendant had denied agreement in 2001 – Court held limitation began from 21.12.2001 – Held: Amendment ...
Civil Law - Pleadings – Order 6 Rule 17, Code of Civil Procedure (CPC) - Amendment of Written Statement – Clarificatory Nature – Revision Dismissed – Defendant sought amendment to clarify stand on receipt of ₹12,50,000/- for his own share and to assert that receipt of ₹28,00,000/- was forged – Trial Court allowed amendment stating it was consistent with preliminar...