Employment Law – Regularization of Services – Deceased Employee – Respondent’s claim for regularization of her deceased husband’s services after 12 years from his death – High Court directed State to regularize services one day prior to death for pensionary benefits – Supreme Court held deceased was not entitled to regularization at the time of death due t...
Service Law – Compassionate Appointment – Fraudulent Claims – Respondent-employees were appointed on compassionate grounds in the Eastern Railway based on forged and fabricated documents – The Supreme Court upheld the dismissal from service, emphasizing that appointments obtained through fraud vitiate the proceedings and nullify any claims to protection under Article 311 of...
Facts:
The dispute arises from the reorganization Scheme, which led to the re-description of the post of Telephone Operators as RTOs. The new post carried a higher pay scale and required specialized training. The reorganization introduced an element of selection criteria, including a minimum of 5 years of service. The question was whether the appellants, who were Telephone Operators seeking de...
Consumer Law – Definition of ‘Consumer’ – No Privity of Contract – Complaint Not Maintainable – The Court held that the respondent had no direct contractual relationship with the appellant – Held: The complainant, not being a party to the home loan agreement, and with no established privity of contract, does not qualify as a ‘consumer’ under th...
Public Premises Act – Applicability of Limitation – Section 18 of Limitation Act Held
Applicable – Recovery Proceedings Revived - The Estate Officer’s proceedings under
Section 7(1) of the PP Act were held barred by limitation by the District Judge and High Court – Held: Though limitation under Article 52 of Limitation Act applies, the acknowledgment in writin...
Civil Law - Will Execution – Suspicious Circumstances – Burden of Proof Not Discharged – Appeal Dismissed – The plaintiff relied upon an unregistered Will dated 09.03.2009 allegedly executed by Santra Devi to claim ownership over her estate – The Lower Appellate Court reversed the Trial Court’s findings, holding that the Will was not validly proved – The H...
Civil Writ - Public Tender – Cancellation After H-1 Declaration – Arbitrary Action – High Court Interference – MCD abandoned the tender despite the petitioner being the highest bidder and bid exceeding the reserve price – Held: Such cancellation without justifiable basis frustrates legitimate expectations and violates Article 14; decision quashed and MCD directed to i...
Civil Law - Demolition of Structure – Illegal and Arbitrary Action by Municipal Authorities – Violation of Natural Justice – Structure was entitled to rehabilitation as per Annexure II – Demolition carried out without notice and prior to hearing on interim relief – Held: Corporation acted high-handedly in breach of legal procedure; reconstruction or alternate accommod...
Civil Writ - Dealership Termination – Clause 5.1.4 MDG – Tampering Allegations – Termination Quashed – Dealership was terminated based on OEM MIDCO report of soldering marks on pulsar cards – Second OEM Dresser Wayne reported normal functioning during tests – Held: Clarificatory email relied on was never served or cited in show cause notice – Orders based ...
Service Law – Criminal Case Pending – Denial of Appointment – Matrimonial Dispute – Appointment Directed – Petitioner, a successful RAS candidate, was denied appointment despite being higher in merit than others who were appointed – Denial based on an FIR lodged by her estranged husband prior to his death – FIR arose from a matrimonial dispute and involved...