Service Law - Pension – Contractual Service Prior to Regularisation – Rule 17 CCS (Pension) Rules – Pension Allowed – Appellants were initially appointed as Data Entry Operators on contract under a government scheme and later regularised prospectively in 2015 – High Court denied pension benefits for contractual period – Supreme Court held that under Rule 17, reg...
Employment Law - Public Employment – Caste Discrepancy in Certificates – No Manipulation or Advantage – Termination Set Aside – Appellant appointed on merit as Assistant Teacher—TET certificate wrongly mentioned his caste as 'MBC' though he actually belonged to 'BC'—No evidence of manipulation or advantage—Recruiting agency did not cancel a...
Writ - Speaking to the Minutes – Permissible Scope – Substantive Modification Impermissible – Order Modified Beyond Clerical Rectification – Respondent sought substantive clarification to include access route location based on unilateral plan marked 'X' – Supreme Court held such additions go beyond correcting clerical or typographical errors and amount to revi...
Civil Procedure – Caveat and Right to Hearing – Section 148-A CPC – Violation of Mandatory Notice Requirement – Ad interim injunction set aside - The Trial Court granted an ad interim injunction in favour of the plaintiffs without serving prior notice on the caveator (a trustee of the proforma defendant trust) – Held: The mandatory requirement of notice under Section ...
Civil Law - Possession and Injunction – Admission by Defendant – Permanent Injunction Restored – Defendant’s own admission supported plaintiff's claim of possession of a vegetable shop on road margin – Held: Defendant (DW-2) admitted existence of the plaintiff’s shop since 1978-79, corroborated by commissioner reports and PW evidence – Trial court righ...
Civil Law - Permanent Injunction - Influencer Speech – Defamation, Disparagement and Trademark Infringement Allegations – Right to Reputation vs. Free Speech – Plaintiff, a nutritional supplements company, sought interim injunction against defendants (social media influencers) for publishing YouTube and Instagram videos critiquing its product ‘ISO PRO’ based on third-...
Civil Law - Partition Deed – Admissibility of Certified Copy – Requirement under Indian Evidence Act – Reversal Set Aside - The First Appellate Court relied on a certified copy of a partition deed (Ext-4) without proving foundational facts for admitting secondary evidence under Section 65 of the Evidence Act, despite denial of execution by the defendants – Held: Certified c...
Tenancy Law - Eviction Petition – Delay in filing Leave to Defend – Section 13-B read with Section 18-A of East Punjab Rent Act – Dismissal of Delay Condonation Application Upheld - Tenant failed to file leave to defend application within 15 days of service under Section 18-A – Held: Rent Controller has no jurisdiction to condone delay under Section 5 of the Limitation Act ...
Civil Law - Contract – Fraudulent Execution – Misuse of Advocate-Client Relationship – Agreement Cancelled - Plaintiff alleged that the defendant, an advocate, misused trust and obtained signatures on an agreement of sale under the pretext of executing a rental agreement – The Trial Court found misrepresentation and fraud – Held: The defendant abused the Advocate&ndas...
Civil Law - Limitation – Suit for Possession and Cancellation – Primary vs Ancillary Relief – Suit Time-barred - Where plaintiffs sought possession based on title with additional prayer of cancellation of sale deeds – Held: The prayer for cancellation was primary, not ancillary – As such, governed by Article 59 of the Limitation Act requiring suit within 3 years from ...