Election Law – Discrepancy in Vote Counting – Justification for Recount – Appellant, a candidate for ‘Gram Pradhan,’ challenged election results due to inconsistencies in votes cast and counted – Polling booths 43, 44, and 45 recorded 1,194 votes cast as per oral communication from the Presiding Officer, but official Form 46 showed 1,213 votes – Allegation...
Civil Law – Title and Possession – Injunction Suit Against Encroachment – Appellant (plaintiff) filed a suit for perpetual and mandatory injunction against respondents, claiming ownership of land through a registered sale deed dated 23.08.1988 – Respondents contended that a portion of land (1¼ cents) remained with the original owner and was later settled in favor of ...
Service Law – Cancellation of Appointment – Whether Justified – The petitioner, a former Child Development Project Officer (CDPO), was appointed as Deputy Registrar in Aryabhatta Knowledge University—Her appointment was annulled after ten years on the grounds of lacking requisite educational administrative experience—Held: The petitioner had higher pay and rank than a...
Income Tax Law - Bogus Purchases – Determination of Profit Rate – Section 69C of Income Tax Act – The Revenue challenged the Tribunal's decision to restrict disallowance to 12.5% of alleged bogus purchases instead of confirming the full disallowance – The Tribunal relied on past precedents allowing only a portion of the purchases to be disallowed – Held: If an ass...
Partnership Property – Contribution of Property by Partner – Section 14, Indian Partnership Act – Property of the Firm – Appeal Dismissed - The appellant contended that the relinquishment deed executed by his late father did not validly transfer ownership to the partnership firm and that ownership could only be transferred through recognized modes under the Transfer of Prop...
Labour Law – Revision of Pay Scales – Validity of Industrial Court’s Interference – The appellant, MSRTC, revised employees' pay scales in 2015, reducing wages fixed in 2010—Employees challenged the revision before the Industrial Court, which ruled in their favor—High Court upheld the decision—Held: The 2015 revision was not justified as it attempted t...
Civil Appeal - Probate Proceedings – Burden on Propounder to Establish Valid Execution of Will – The appellant sought a letter of administration based on an unregistered Will dated 26.01.1990—The trial court rejected the petition, citing suspicious circumstances and unreliable testimony of the attesting witness—Held: In probate cases, the propounder must establish the Will&...
Civil Law – Auction - Lease Agreement – No Transfer of Ownership Without Execution of Lease – Leasehold Rights Never Created – The agreement to lease dated 17th July 1957 did not create any right, title, or interest in favor of M/s Mehta Constructions until a formal lease deed was executed – Since no lease was executed, M/s Mehta Constructions had no transferrable int...
Service Law - Compulsory Retirement – Scope of Judicial Review – The petitioner challenged his compulsory retirement on grounds of procedural irregularities and alleged bias—Held: Judicial review in matters of compulsory retirement is limited to checking arbitrariness or mala fides—Employer’s subjective satisfaction cannot be substituted unless it is unreasonable or p...
Tenancy Law - Landlord-Tenant Relationship – Concurrent Findings of Fact – High Court’s Reversal Unsustainable - The Trial Court and First Appellate Court had concurrently held that the plaintiff, as the legally adopted son of the original owner, was the landlord and the defendant was a tenant – The defendant’s claims of adverse possession and oral gift were rejected ...