Property Law – Religious Endowments – Ownership of Temple Lands – Sale of Trust Property – Second Appeal – Dismissal – Suit Properties measuring 8.24 acres alleged to belong to the plaintiffs, claimed through a trust established by their predecessors – Defendants contended that the properties were religious endowment lands dedicated to the Idol of Lord Vin...
Service Law – Pensionary Benefits – Parity with Similarly Placed Employees – Article 14 & 16 of the Constitution of India – Direction to Consider Claims – The petitioners, retired SLR workers of the Water Resources Department, sought pensionary benefits citing discrimination as the Government had extended similar benefits to SLR workers in the Fisheries Department...
Taxation Law - Section 80IA of the Income Tax Act - Transfer Pricing – Use of Indian Energy Exchange (IEX) Rates as External CUP – IEX Rates Not Comparable to SEB Rates – The Revenue challenged the ITAT’s decision to reject IEX rates as a comparable uncontrolled price (CUP) for determining ALP under Section 80IA(8) of the Act for electricity transferred from the Asses...
Service Law – Selection Grade – Calculation of Cadre Strength – Plaintiffs claimed Selection Grade based on total cadre strength of 430 posts, while defendants argued cadre strength was 264 – Evidence showed sanctioned strength was 384 as admitted by defendants' witness – Held: 20% of 384 posts (i.e., 76 employees) were entitled to Selection Grade – Findings...
Civil Law - Court Fees – Suit for Rescission of Agreement to Sell – Liability to Pay Ad Valorem Court Fees – The petitioners filed a suit under Section 27 of the Specific Relief Act for rescission of an agreement to sell due to non-performance by the respondent – Trial Court directed payment of ad valorem court fees on the total sale consideration – Petitioners conten...
Service Law – Postal Delay – Right of Consideration – The petitioner challenged the rejection of his application for the post of Staff Car Driver at PGIMER due to a postal delay. The court examined whether the rejection was justified despite the delay being attributed to postal authorities and not the petitioner’s fault [Paras 1-7].
Application of Judicial Prin...
Excess Payment Recovery – After Retirement – Petitioner challenged the reduction of pay and recovery of excess payments post-retirement – No show cause notice or personal hearing was provided – Court held recovery without hearing violated principles of natural justice – Cited Supreme Court precedent against recovering excess payments from retired employees, especially...
Public Employment – Recruitment Process – Non-Compliance with Constitutional Requirements – Declared Invalid – The recruitment process initiated through the advertisement dated 29th July 2010 for Class IV posts was challenged on grounds of non-transparency and violation of Articles 14 and 16 – The Supreme Court held that a valid public employment advertisement must sp...
Motor Accident Claim – Compensation Computation – Reliance on Minimum Wages – Set Aside – The claimant-appellant, a young student, sustained grievous injuries in a motor accident – The Tribunal awarded Rs.7,09,303/- as compensation, which was enhanced by the High Court to Rs.23,90,719/- but based on minimum wages – The Supreme Court held that for a student in hi...
Matrimonial Law – Divorce - Forced Religious Conversion – Cruelty Under Special Marriage Act – Divorce Granted - The appellant, after marrying the respondent under the Special Marriage Act, coerced her to convert to Islam and change her religious identity – The Court held that forcing a spouse to convert constitutes cruelty under matrimonial law – Held: Forcing religi...