Service Law - Seniority – Date of Appointment v. Date of Selection – Partial Relief Granted – Appellants participated in 2003 judicial service exam and were appointed after a High Court order in 2012 – Though appointed in 2013, they claimed seniority over later batches – Held: They cannot claim seniority over those appointed before 2nd May 2012 (date of HC order), but...
Service Law - Disability Pension – Presumption in Favour of Serviceman – Rules 5, 9 and 14 of 1982 Rules – Orders Set Aside - Supreme Court held that under the entitlement rules, a person entering service is presumed medically fit unless a disability is recorded at the time of joining – Any subsequent disability leading to discharge must be presumed attributable to or aggra...
Civil Law - Suit under Section 6 of Specific Relief Act – Restoration of Possession – Dispossession without due process – Decree Upheld - Plaintiffs, being the widow and children of deceased Harjinder Pal, were in settled possession of the disputed property when they were forcibly dispossessed by defendants who are their close family members – The defendants contended that ...
Banking Law – Fraudulent Withdrawal – Liability of Bank – Plaintiff firm’s Fixed Deposits of Rs. 25 lakhs and Rs. 5 lakhs prematurely discharged within days of opening – Amounts fraudulently transferred to a current account falsely opened in plaintiff’s name by impersonation – Original FD receipts recovered from Bank custody – Trial Court decreed Rs....
Election Petition – Joinder of Contesting Candidates – Section 63(3) read with Section 62(4) of UP Municipal Corporations Act – Defect Not Curable by Amendment – Petition Maintainability Fails – Respondent filed election petition without impleading all contesting candidates – Later moved amendment under Order VI Rule 17 CPC to implead five remaining candidates a...
Eligibility of Waqf Board Membership – Interpretation of Section 14 of Wakf Act – Membership Ceases Upon Loss of Elective Position – Held that a Member of the Waqf Board elected from among Muslim Members of the Bar Council ceases to be a Board Member upon expiry of their Bar Council term – The legislative scheme implies that Board membership is contingent on continued Bar C...
Service Law - Departmental Disciplinary Inquiry – Procedural Irregularity – Liberty to Re-initiate Denied – Appellant was a police officer charged with failure to control riots in 1984, later exonerated by the Inquiry Officer – High Court set aside the punishment for procedural violations but permitted a fresh note of disagreement – Held: Considering the advanced age ...
Service Law - Departmental Inquiry – Vagueness in Charges – Disciplinary Proceedings Vitiated – The charges framed under Rule 55 of the 1930 Rules were found to be vague, indefinite, and lacking material particulars – The departmental file was not produced despite Court’s direction, leading to adverse inference under Section 114(g) of the Indian Evidence Act – H...
Service Law – Financial Upgradation – MACP vs. ACP Scheme – No Interference – The respondent, an employee of Doordarshan, sought higher Grade Pay under the ACP Scheme despite having accepted financial upgradations under the MACP Scheme without protest – Tribunal allowed the claim relying on B.D. Kadam and was upheld by the High Court – Held: Though subsequent de...
Tenancy Law - Eviction on Bona Fide Need – Application under Section 21(1)(a) – Bona fide requirement upheld – The Prescribed Authority had ordered eviction based on the landlord’s pressing need to start his own business and sustain his family – The Appellate Authority reversed the order without sufficient reasoning, and the High Court upheld the same – Held: Th...