Service Law – Pension – Post-retirement disciplinary action – Reduction of pension to minimum – Rule 59(b), Part III KSR – Disciplinary proceedings pending at the time of retirement – Government invoking power to reduce pension without conducting full-fledged enquiry under KCS (CCA) Rules – Tribunal upheld action – Held: Order is one under Rule 59(b)...
Land Acquisition – Vesting of Land – Section 16(2) of Land Acquisition Act, 1894 – Once possession taken and notification issued, land vests absolutely in acquiring body – Subsequent mutation claims by erstwhile landholders untenable pending adjudication of acquisition challenge [Paras 2, 9, 10].
Revenue Proceedings – Mutation and Khata – Section 136(2), Karn...
Civil Law - Hindu Succession – Competing Claims to Ancestral Property – Daughter vs. Sister’s Son – Plaintiff daughter sought declaration of title by assailing two Wills and a registered Gift Deed executed by her father in favour of defendant nephew – Trial Court decreed suit in her favour – High Court reversed findings and dismissed suit [Paras 1–2, 25&nd...
Environmental Law – National Green Tribunal – Writ Jurisdiction – Maintainability – Alternative Remedy – Writ petition under Article 226 challenging NGT order keeping Environmental Clearance (EC) in abeyance – Existence of statutory appeal under Section 22 of NGT Act – Held: Alternative remedy is not an absolute bar – Writ petition maintainable and e...
Defamation – Interim Injunction – Personality Rights – Public Figure – Social Media Publications – Applicant, a celebrity chef and entrepreneur, sought injunction restraining respondent from posting defamatory material alleging marital relationship and intimacy – Applicant admitted existence of personal relationship while disputing marriage and paternity –...
Blacklisting – Indefinite Debarment – Violation of Natural Justice – Writ Petition Allowed – Petitioner company providing manpower services challenged blacklisting order passed by District Basic Education Officer without specifying duration – Blacklisting held to have serious civil consequences and cannot be open-ended – Failure to consider petitioner’s re...
SARFAESI Act – Statutory Appeal – Mandatory Pre-deposit – Section 18 – Borrower challenged dismissal of Securitisation Application by DRT by filing writ petition under Article 226 – Single Judge directed deposit of amounts before Bank and treated same as statutory pre-deposit – Held: Second proviso to Section 18 mandates deposit of 50% of debt due, reducible onl...
Criminal Revision – Rejection of Protest Petition – Final Report Accepted – Petitioner challenged concurrent orders rejecting Narazi petition against closure report submitted by police – Allegations of fraud and conspiracy against bank officials for releasing mortgaged property after auction – Held: Courts below justified in accepting closure report as dispute is pure...
Company Law – Winding Up – Creditor’s Claim – Interest on Deposits – Company under liquidation since 1981 – Appellants creditors and shareholders claiming interest @12% p.a. on deposits – Official Liquidator adjudicating claims under Rule 163 of Companies (Court) Rules, 1959 and allowing interest only @1.5% p.a. based on Board Resolution dated 28.04.1972 &...
Arbitration Award – Execution – Jurisdiction of Seat Court – Objection raised that executing court lacks territorial jurisdiction as judgment debtor’s assets situated outside Mumbai – Held: Seat Court under Section 2(1)(e) of Arbitration Act retains jurisdiction to entertain execution and grant interim reliefs in aid of execution – Award creditor has option to e...