Education Law - Grant-in-Aid – Repeal of GIA Order, 1994 – No Vested Right to Apply Post-Repeal – Tribunal Orders Partially Set Aside – Court held: In terms of the Supreme Court’s ruling in Anup Kumar Senapati, no right to seek benefits under the repealed 1994 Order survives unless aid was already being received or the case was duly recommended before 01.01.2004 &ndas...
Civil Court Jurisdiction – Bar under Section 34 SARFAESI Act – Rejection of Plaint Allowed – Civil Suit Not Maintainable – Plaintiff filed suit seeking recovery or adjustment of goods value post-bank's possession under SARFAESI – Trial Court rejected bank’s application citing late stage – Held: Jurisdictional objection can be raised at any stage &ndash...
Service Jurisprudence – Transfer on Medical Grounds – Nature of Request – Not Public Interest – The respondent sought change of cadre from Staff Nurse to First Division Assistant due to bronchitis, and consented to be placed junior-most in the new cadre – Held: The transfer was at the employee’s request and not in public interest; seniority to be reckoned from t...
Consumer Protection – Loan Recall Notice – Allegation of Unfair Trade Practice – Settlement Finalized – Borrowers challenged the recall of home loans by the bank before NCDRC which rejected the complaints – Supreme Court facilitated a tripartite settlement between borrowers, builder, and bank involving waiver of charges, pre-EMI concessions, and staggered payments &nd...
Property Law – Validity of Court Auction vs. Later Will – Court Auction Prevails – Title Vested with Auction Purchaser – Supreme Court affirmed that property purchased by late Padmini Chandrasekaran via court auction in 1962 and registered sale deed in 1963 vested her with absolute title – Later will dated 30.05.1962 executed by original owner (Somasundaram) in favour...
Motor Accident Claim – Bilateral Amputation – Compensation Enhanced – Appeal Allowed – Appellant, a B.D.O., lost both legs in a road accident while riding pillion – Tribunal awarded ₹7.5 lakhs; High Court upheld the award after attributing contributory negligence to the scooter driver – Supreme Court held that the finding of contributory negligence was erroneo...
Matrimonial Law – Recovery of Istridhan - Patrimony and Gold Ornaments – Entrustment Not Proved – Claim Dismissed – Wife alleged entrustment of 50 sovereigns of gold and ₹3 lakhs at the time of marriage – Court found inconsistencies and contradictions in pleadings and oral evidence – Delay of 8 years in raising claim also viewed as improbable – Held: No ...
Service Law - Voluntary Retirement – Civil Servant Deputed to Army Postal Service – Retirement While on Deputation – Denied – The petitioner, holding a civil post with the Department of Posts and later commissioned in APS, sought voluntary retirement under Rule 48-A without repatriation – Tribunal held and High Court affirmed that such retirement from APS without repa...
Land Acquisition – Applicability of Section 11 and 11A – Girnar Traders (3) Applied – Challenge Fails – Petitioners challenged acquisition proceedings on the ground of lapsing under Section 11A and lack of prior government approval under Section 11 – Court held that acquisition under MRTP Act is a complete code and amounts to legislation by incorporation, thus amendme...
Civil Law - Gift vs. Will – Determination of Nature of 1985 Document – Settlement Deed Held Valid – Despite the document being titled as a Will by the father, the Supreme Court held that its content, structure, and operative clauses evidenced a gift/settlement in praesenti – The donor retained life interest and limited rights, but unequivocally conveyed ownership to the dau...