Service Law – Resignation Under Duress – No Break in Service – Writ Petition Allowed – The petitioner, an Assistant Engineer in the Howrah Municipal Corporation, was required to resign before being released for deputation as an Executive Engineer under the Ministry of Surface Transport – Upon termination of deputation, he was reappointed as an Assistant Engineer but w...
Patent Law – Refusal of Patent – Cryptic Order Set Aside – Matter Remanded for Fresh Consideration – Petitioner applied for a patent related to a Heat Transfer Assembly for Heat Exchangers – Controller of Patents refused the application on three grounds: (i) change in inventor details without consent, (ii) lack of proper assignment of rights, and (iii) previous invali...
Education Law – Eligibility Criteria for Admission – Subsequent Fulfillment of Requirements – Relief Granted – The appellant secured admission to a B.A.M.S. course despite not meeting the eligibility requirement of passing English in the 10+2 examination – His college was later de-recognized, and students were transferred, but he was denied transfer on eligibility gro...
Service Law – Seniority Dispute – Promotion vs. Direct Recruitment – Applicability of Special Rules, 1960 and Subordinate Service Rules, 1966 – Seniority Upheld for Promoted Engineers – The dispute pertained to the seniority of Assistant Engineers in the Kerala Water Authority, where the appellants, promoted from Draftsman-Grade I, challenged the High Court's deci...
Property Law – Usufructuary Mortgage – Automatic Redemption Under MPLRC – Dispute over agricultural land given as security for a loan—Appellant claimed continued possession based on mortgage deed—High Court held: Under Section 165(2)(b) of MPLRC, a usufructuary mortgage cannot exceed six years and is deemed redeemed by law upon expiry—Respondent (plaintiff) enti...
Service Law – Project Affected Persons (PAP) – Delay and Laches – Claim Barred – Petitioner sought employment as a PAP based on land acquisition affecting his family – Initially employed on daily wages in 1993 and removed the same year – Request for reinstatement rejected in 1997 and reaffirmed in 2002 – Petitioner filed writ petition in 2024 – High ...
Matrimonial Law – Divorce – Cruelty and Desertion – Burden of Proof on Petitioner – Appellant sought divorce under Section 10(1)(ix) & (x) of the Indian Divorce Act, 1869, alleging that the respondent-wife left the matrimonial home, subjected him to cruelty, and filed false complaints – Respondent denied allegations, stating that the appellant was living with anot...
Administrative Law – Judicial Review – Rejection of Fortified Rice Kernels (FRK) – Standard Operating Procedure (SOP) Compliance – Petitioners, rice millers supplying Fortified Rice under the Public Distribution System (PDS), challenged the rejection of their deliveries due to alleged failure in blending ratio – Government conducted surprise inspections and found stoc...
Motor Accident Claims – Fraudulent Claims – Fabrication of Accident Story – Compensation Award Set Aside – Claimant sought compensation for the death of her husband, alleging he was a pillion rider on a motorcycle that met with an accident – Investigation revealed that the deceased had actually fallen from his own motorcycle due to dizziness – High Court held: C...
Company Law – Liquidation – Possession of Leased Premises – Official Liquidator Cannot Retain Premises Unnecessarily – Applicants, as landlords, sought possession of flats leased to Surendra Engineering Corporation Ltd., a company in liquidation – Official Liquidator claimed necessity for storage of company records – High Court held: Monthly tenancy does not for...