Service Law – Appointment as Aanganwadi Worker – Eligibility for BPL Bonus Marks – Petitioner’s appointment was annulled by the Commissioner, Rewa Division, on the ground that she erroneously received 10 bonus marks for BPL Category – The petitioner relied on a BPL card issued in the name of her co-sister (Jethani), which was later found to contain overwriting –...
Succession Certificate – Grant Without Notice – Revocation Not Permissible but Title Can Be Adjudicated – The defendants obtained an extended succession certificate without notice to the plaintiffs—The plaintiffs sought revocation, which was denied as revocation is not explicitly provided under the Indian Succession Act—The plaintiffs then filed a suit for declaration...
Income Tax – Revisional Jurisdiction – Section 263 of the Income Tax Act – The power of revision can be exercised by the CIT only if the assessment order is both erroneous and prejudicial to the interests of the Revenue – Held: Since the Assessing Officer (AO) had not examined the issue of computation of book profits under Section 115J, the CIT was justified in invoking rev...
Employment Law – Termination for Poor Performance – Stigmatic Dismissal – The appellant, a former employee of Marriott Hotels, was terminated for allegedly failing to meet minimum performance standards. The Labour Court had ordered reinstatement with 40% back wages, but the learned Single Judge replaced this with three years' salary compensation. The High Court held that the ...
Amendment of Written Statement – Court’s Discretion – The petitioner sought to amend the written statement to include an additional plea related to a prior agreement to sell and its subsequent cancellation – Trial Court rejected the application – High Court allowed the amendment, emphasizing that it would not change the nature of the defense or cause prejudice to the ...
Challenging the fixation of cut-off marks - Recruitment Process – Fixation of Cut-Off Marks – Discretion of Recruiting Authority – The appeal questioned whether cut-off marks for music teacher recruitment should consider marks from Part I of CBT along with Parts II and III – The Appellants contended that only Parts II and III should be considered as per Clause 8.6 of the re...
Service Law – Judicial Interference in Disciplinary Proceedings – Charge-Sheet Not a Punishment – Writ Petition Dismissed – Petitioner challenged the charge-sheet on the ground that he played no role in preparing the DPR and was relieved before the Revised Technical Sanction was granted – High-Level Inquiry Committee found that the collapse of the bridge was due to fa...
Civil Law - Specific Performance – Prima Facie Case – Insufficient Evidence – Temporary Injunction Denied - Plaintiffs sought specific performance for agreements involving flats under a Joint Development Agreement (JDA) but failed to demonstrate a prima facie case. The discrepancies between the property descriptions in the agreements and the plaint schedules, coupled with unverif...
Specific Relief – Possession under Section 6 – Requirement of Settled Possession – Suit Dismissed – The respondent/plaintiff filed a suit under Section 6 of the Specific Relief Act, claiming illegal dispossession by the petitioner from two rooms on the ground floor of the suit property – High Court held that the respondent failed to prove settled physical possession o...
Civil Writ - Village Panchayats – No-Confidence Motion – Protection Under Proviso (4) to Section 35(2) – Whether Applicable to Sarpanch as a Post or to an Individual – Petitioner challenged the no-confidence motion initiated within two years of her election as Sarpanch, arguing that the statutory protection is personal and applies to all Sarpanches irrespective of their seq...