Land Assignment – Interpretation of “Shop Sites” – Petroleum Outlet Not Barred – Writ Allowed – Petitioner sought NOC to establish petroleum outlet on assigned land – Application rejected by ADM citing Government Order interpreting “shop sites” as “small shops” – High Court held: Rule 3 of the Special Rules, 1993 does not rest...
Limitation - Section 5 of the Limitation Act, 1963 - Delay in Filing Appeal – Applicability of Section 13(1-A) of Commercial Courts Act – Appeal Time-barred – The appellants filed appeals against the judgment of the Single Judge dated 31.07.2023 with a delay of 55 days beyond the statutory 60-day period under Section 13 of the Commercial Courts Act – Held: Delay not condona...
Civil Law - Probate Proceedings – Alleged Forgery of Will – Production of Medical Records – Application Dismissed – Petitioner sought direction to the executor to produce hospital and medical records of the deceased mother to establish her incapacity to execute the will – Trial Court rejected application on ground that records were not in plaintiff’s custody and...
Service Law - Termination – Loss of Lien under Standing Orders – Clause 19(ii) Invoked – Termination Upheld – Petitioner, a confirmed workman, remained absent unauthorisedly from 01.10.1990 and was struck off from rolls on 26/28.02.1991 under Clause 19(ii) of HAL Standing Orders – Held: Management had two procedural options – either initiate disciplinary enquiry...
Service Tax – Exemption for Legal Practitioners – Demand Raised Based on Third-Party Disclosure – Notice Quashed - Petitioner, an individual practicing advocate, was issued a service tax demand notice and recovery order based on third-party income disclosure – Court reiterated settled law that legal services provided by individual lawyers are exempt under the negative list ...
Civil Suit – Recovery Based on Ledger – Acknowledgment of Debt – Plaintiff claimed ₹1,06,569/- including principal and interest for unpaid amounts related to apple crop material—Defendant signed ledger acknowledging ₹77,504/-—Held: Concurrent findings by trial and appellate courts supported by evidence—Signature on ledger not disputed during cross-examinatio...
Service Law - Disability Pension – Injury Sustained During Active Service – Entitlement Under CCS (EOP) Rules – Lump Sum Compensation Awarded - The petitioner, a retired BSF Sub-Inspector, sought disability pension for a gunshot wound sustained in active duty in 1993 resulting in permanent disability of 30% – The injury was acknowledged as attributable to service by the Med...
Civil Writ - Tender Process – Opening of Financial Bids – No Right to Pre-Award Disclosure – Petition Dismissed – Petitioner challenged opening of Cover-II (financial bids) without being informed of the outcome of its technical bid—Court held: Clauses 28.1 and 42.5 of ITB prohibit disclosure before award—Suppression of these clauses by Petitioner fatal—Hel...
Civil Law - Child Custody – Paramount Consideration of Welfare – Father's Custody Refused – Despite being acquitted of wife's alleged murder, the father was denied custody of the minor son – Court prioritized the child's welfare, observing emotional trauma and the minor's expressed unwillingness to reside with the father – Reiterated that guardianship ...
Mining Leases – Validity of DMF Contribution Policy – Sections 9B & 15A of MMDR Act – Demand Upheld – The appellant, a sand mining lessee, challenged a Demand Notice requiring payment of 10% of the bid amount to the DMF Trust, asserting violation of Section 9B of the 1957 Act – The Supreme Court held that Section 9B is inapplicable to minor minerals due to Section...