Appointment of Lambardar – Preference to Ex-Servicemen – Rule 15(c) of Punjab Land Revenue Rules – Collector’s Decision Upheld – The appellant challenged the appointment of the private respondent as Lambardar, arguing that the appellant’s younger age (29 years) should outweigh the respondent’s experience as a retired Subedar (51 years old) – Held: Ru...
Money Laundering – Attachment of Property – Provisional Attachment Order Upheld - The petitioners challenged the PAO attaching properties allegedly linked to proceeds of crime under the PMLA, arguing non-compliance with mandatory provisions, including the absence of reasons to believe and the lack of connection between attached properties and proceeds of crime – The Court upheld ...
Enemy Property – Classification and Requisition – Petitioner contested the inclusion of his property as enemy property under the Enemy Property Act, 1968 – Contention that petitioner’s father had not voluntarily acquired Pakistani citizenship – Government of India had already determined that petitioner’s father was an Indian citizen – High Court held that ...
Civil Writ - Unauthorized Constructions – Demolition of Buildings – Regularization Under MRTP Act – Petitioners sought to challenge notices issued by the Tahsildar for the demolition of their apartments, contending that they were third-party purchasers and entitled to regularization – Held: Petitioners' claim of innocent purchase is untenable when ownership stems from i...
UGC Librarians – Pay Fixation and Seniority – Requirement of Qualifications – UGC Scheme Conditions – The Kerala Administrative Tribunal granted UGC pay scale and senior scale promotions to respondents who acquired UGC qualifications (NET) after 12-13 years of service as Librarian Grade I. Held: Tribunal erred in granting retrospective benefits contrary to Annexure A8 Gover...
Income Tax Act, 1961 – Section 260A – Kar Vivad Samadhan Scheme, 1998 – Appeal against Tribunal's order dismissing appellant's plea due to non-payment under the Scheme – Tribunal and lower authorities erred in dismissing appeal as withdrawn without issuing a certificate under Section 90(2) of the 1998 Act – Appeal allowed, remanded to Commissioner (Appeal) for...
Civil Law - Injunction – Fraud Allegations – No Prima Facie Case by Respondent – Injunction Set Aside – Respondent claimed fraud in execution of supplementary LLP agreements and misuse of digital signatures to remove him as a designated partner – High Court held that the respondent failed to produce evidence to support allegations of fraud or misrepresentation –...
Service Law - Compassionate Appointment – Rule 9(7) of 1990 Rules – Delayed Application – Application Rejected – Respondent applied for compassionate appointment in 2013, seven years after her father’s death in 2006, citing her mother’s medical unfitness – Rule 9(7) mandates that minors at the time of death of a government servant must apply within three y...
Disciplinary Jurisdiction – Authority of Lending and Borrowing Entities – Rule 18A of Kerala Police Departmental Rules – The petitioner, a Kerala Police Inspector on deputation as an Immigration Officer, faced departmental proceedings by the borrowing authority (BOI) – Held: Rule 18A empowers both lending and borrowing authorities to conduct disciplinary proceedings for mis...
Service Law - Judicial Review in Departmental Inquiries – Limited Scope – Petition Dismissed – Petitioner sought quashing of termination and related orders, alleging non-consideration of evidence and bias – Court held that judicial review under Articles 226/227 does not permit reappreciation of evidence or interference unless proceedings are vitiated by perversity, procedur...