Tenancy Law - West Bengal Premises Tenancy Act – Eviction – Reasonable Requirement – Second Appeal – Suit filed by landlords for recovery of possession on grounds of default, nuisance, damage and reasonable requirement – Trial Court dismissed suit holding lack of bona fide requirement and premises being unfit for habitation – First Appellate Court reversed decre...
Family Law – Divorce – Cruelty and Desertion – Husband alleged wife was quarrelsome, threatened to poison his blind parents, took his ATM card and money, and deserted him – Evidence led by husband found to be uncorroborated and lacking documentary support – In contrast, wife produced uncontroverted oral and documentary evidence including cybercrime and police complain...
Consumer Law – Execution Proceedings – Liability of Directors and Promoters – Consumer complaints admitted only against company – Directors/promoters not proceeded against at adjudicatory stage – No notice issued, no pleadings, no findings recorded against them – Held: Execution must strictly conform to the decree – Persons against whom no adjudication of ...
Cooperative Societies – Recovery of Maintenance Dues – Non-Member Flat Occupants – Petitioners received possession of flats from developer under unregistered agreement and were never admitted as society members – Society initiated recovery proceedings under Section 154B-29 of MCS Act for unpaid maintenance since 2005 – Held: Petitioners, though not members, were in oc...
Reservation – Public Employment – Migration of Reserved Category Candidates – Selection on Own Merit – Appointment Against Unreserved Posts – High Court Interference Set Aside – Recruitment to the post of Junior Assistant (Fire Service) in Airport Authority of India – Reserved category candidates selected against unreserved posts on basis of higher or equa...
Judges (Inquiry) Act, 1968 – Section 3(2) – First Proviso – Interpretation – Notices of motion for removal of a Judge given in Lok Sabha and Rajya Sabha on the same day – Motion admitted in Lok Sabha but refused in Rajya Sabha – Contention that Joint Committee was mandatory and Speaker lacked authority to constitute Committee unilaterally rejected – Held: ...
Service Law – Drug Inspector / Drug Control Officer – Qualifications for Appointment – Central vs State Rule-making Power – Doctrine of Occupied Field – Rule 49, Drugs and Cosmetics Rules, 1945 – State Rules prescribing experience as essential qualification – Invalid – Parliament under the Drugs and Cosmetics Act, 1940 has expressly conferred exclusi...
Service Law - Public Employment – Pharmacist Recruitment – Essential Qualification – Diploma in Pharmacy – Validity of Cadre Rules Upheld – Appellants holding B.Pharma/M.Pharma challenged Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (as amended in 2024) prescribing Diploma in Pharmacy as minimum qualification – Supreme Court held that fixation of eligibility...
Education Law – Fee Regulation – Mid-course Enhancement of Fees – Self-financing Engineering Colleges – Students admitted for B.Tech. batch 2023–2027 challenged applicability of revised fee ceiling notification dated 16.10.2023 – Primary contention confined to applicability and not legality of notification – Challenge to notification itself abandoned [Para...
Transfer of Property – Settlement Deed – Unilateral Cancellation – Invalidity – Registered settlement deed executed by the settlor in favour of grandson – Subsequent unilateral cancellation deed executed by settlor without consent of settlee – Held, once settlement deed is executed and registered, vesting rights in favour of settlee, it cannot be unilaterally ca...