Services Law - Judicial Services - LDCE Quota for District Judge Promotions – Quota Restored from 10% to 25% – Meritorious Officers Incentivized – Original 25% quota (Third AIJA) was reduced to 10% in 2010 due to low participation – Court held changed conditions warranted restoration – Directed unfilled LDCE seats to revert to regular promotion – Held: 25% LDCE ...
Civil Law – Gift under Mohammadan Law – Essentials of Gift – Declaration, Acceptance, Delivery – Remand Ordered - The appeal challenged the reversal by the Appellate Court of the trial court's decree upholding plaintiffs’ title based on oral gift and adverse possession – Held: Declarations made in 1987, 1988, and 1989 by donor constituted valid gifts i...
Civil Law – Declaration & Perm Injunction - Second Appeal – Misinterpretation of Acquisition Award and Possession Certificate – Title and Ownership Dispute – Appeal Dismissed – Plaintiffs claimed ownership of land based on sale deeds and sought declaration and injunction – Trial Court decreed the suit but Lower Appellate Court reversed the decision citing im...
Electricity Law - IBC vs. Electricity Dues – Applicability of Section 238 IBC – Refund of Deposited Amount Ordered – Petitioner purchased industrial premises through liquidation under IBC – Electricity connection was denied until petitioner paid arrears of prior owner – Payment made under protest – Respondents refused refund – Held: Section 238 of IBC has ...
Taxation Law - Income Tax – Reassessment Proceedings – Section 148A and 149 of Income Tax Act – Reassessment Proceedings Quashed - Initiation of reassessment based on incorrect premise that the petitioner was a non-filer despite evidence of filing Income Tax Return for A.Y. 2015-16 – Issuance of notice under Section 148A(b) without furnishing material supporting allegations...
Civil Revision – Leave under Section 80(2) CPC – Grant of Leave Valid – The trial court allowed plaintiffs to institute suit prior to completion of the two-month notice period, citing urgency to prevent tampering with artefacts at a protected monument – Held: Government defendants did not object to the waiver; private revisionist (Masjid Committee) had no locus standi to ch...
Service Law – Provident Fund Contribution – Claim on Revised Salary – Petition Dismissed – The petitioner sought direction for EPF contributions based on the salary of Mechanic from 15.07.2009 to 31.03.2018 after reversion order was quashed – Held: The respondent had already contributed as per the statutory ceiling under the EPF Act – EPF contributions cannot be...
Service Law - Termination of Service – Applicability of Natural Justice to Private Employment – Principles Not Attracted - Appellant employed in a private unaided institution terminated with three months’ salary as per employment rules – No statutory or contractual protection against termination without cause – Held: Employer not bound to provide show-cause or persona...
Civil Law - Trust Dispute – Removal of Trustees – Absence and Misconduct – Injunction Sustained - Appellants removed as trustees for non-attendance and alleged criminal acts – Court found prima facie justification for removal based on trust deed clauses – Held: Injunction warranted to prevent further harm to trust and its educational institutions [Paras 4, 20, 30-31]....
Tenancy Law – Section 32R – Non-Cultivation Not Equivalent to Abandonment – Eviction Quashed – The tenant-purchaser’s failure to cultivate due to old age and illness, without handing possession to third parties, was not a wilful breach warranting eviction – Held: Section 32R must be invoked sparingly and not for every lapse – Beneficial legislation protect...