Labour Law - Compassionate Employment – Entitlement under NCWA – Respondent No. 5 (widow of the deceased employee) sought employment under Clause 9.3.2 of the NCWA-VI and VII, which provides for employment to a dependent of a worker who dies while in service – Employer contended that the employee was terminated after unauthorized absence before his death – Held: Since the e...
Civil Law - Negative Declaratory Relief – Suit for Declaration of Non-Marital Status – Maintainability – Section 34 of the Specific Relief Act, 1963 – Defendant contended that a suit seeking a declaration that no marriage exists is barred under Section 34 – Court held that a suit for declaration of legal status is maintainable under Section 9 CPC, irrespective of the ...
Land Acquisition – Lapse of Proceedings – Section 24(2) of the 2013 Act – Petitioner sought declaration that acquisition proceedings had lapsed due to non-payment of compensation and non-possession – Initial dismissal of writ petitions by the High Court, followed by remittance from the Supreme Court for fresh decision on issues excluding the field covered by Indore Developm...
Civil Law – Order 21 Rule 32 CPC – Violation of Decree – Petitioners filed a revision petition against the dismissal of their application under Order 21 Rule 32 of the CPC by the Civil Judge, Pathankot – Petitioners alleged that the respondents willfully violated the judgment and decree dated 24.04.2014, which restrained them from interfering with the petitioners' posse...
Service Law – Dismissal from Judicial Service – Challenge to Rejection of Representations – Doctrine of Laches - Delay in Seeking Writ Relief – Petitioners’ termination orders were passed in 2002, but the writ petition was filed in 2017 – Challenge to similar termination orders was previously dismissed by the Full Bench of the High Court in 2008, and a review wa...
Education Law – School Attendance Monitoring – Validity of Circular – Appeal Dismissed – The appellants challenged a circular requiring school teachers to submit attendance via WhatsApp photographs, arguing that it contradicted the 2019 policy and infringed on privacy – The State defended the measure as a necessary step to ensure teachers' regular attendance, citi...
Wills – Validity – Proof of Execution – Appellant challenged appellate court's decision validating Will dated 07.06.1997 and declaring earlier Will void – Trial court found suspicious circumstances and invalidated later Will – Appellate court reversed trial court's decision – High Court upheld appellate court’s findings based on clear attestation a...
Family Law – Right to File Written Statement – Petitioner’s Right Closed by Family Court – The Family Court closed the petitioner’s right to file a written statement due to delay and subsequently dismissed the application seeking recall of the closure order – Held: Family Courts should adopt a liberal approach in matrimonial disputes, rather than applying strict...
Civil Law - Ad Interim Injunction – Denial by Trial Court – Legality – Held: The Trial Court erred in refusing ad interim injunction on the premise that lis pendens provides adequate protection – The court failed to assess whether the sale was vitiated due to fraud and misrepresentation by a single shebait claiming exclusive ownership – Injunction granted to prevent f...
Taxation Law - Reassessment Proceedings – Requirement of Failure to Disclose Material Facts – Jurisdictional Condition – Section 147 of the Income-tax Act – Reassessment notice issued after four years from the end of the relevant assessment year must satisfy the condition that income escaped assessment due to failure to disclose fully and truly all material facts – In...