Civil Law - Limitation – Time-barred Claims – Section 31, State Financial Corporations Act – A petition for recovery of dues filed 22 years after foreclosure and 6 years after the last payment without acknowledgment of debt is barred by limitation – Held: The petitioner failed to establish any renewal of guarantees or acknowledgment of debt within the limitation period; cla...
Service Law - Pension Eligibility – Computation of Service Period – Employee Entitled to Pension – The petitioner was employed from 1985 to 1987, a fact verified by the Provident Fund (PF) authority. Respondent No. 3, the employer, failed to provide records, but the PF authority acknowledged the petitioner’s service tenure. Held, the concerned authority must consider this p...
Declaration of Title – Burden of Proof on Plaintiff – Title Not Established – Appeal Dismissed – Plaintiffs sought declaration of title and permanent injunction based on a registered sale deed (Ex.A-1). The defendants argued that the suit properties belonged to the American Baptist Foreign Mission Church and were not transferable. Admissions by the plaintiffs’ vendor ...
PIL - Tax Governance – Challenging modifications in the utility for e-filing income tax returns - Filing Utilities – Section 87A Rebate – Modifications to the e-filing utility restricted assessees from claiming a rebate under Section 87A of the Income-tax Act, 1961, during the assessment year 2024-25 – Petitioners argued that such restrictions violated Articles 265 and 300A...
Writ Petition – Fake Encounter – NHRC Recommendations – CBI Inquiry and Compensation - – Petitioner sought a CBI inquiry into the alleged fake encounter killing of five persons on 5th May 2006 – NHRC had initially recommended a CBI inquiry in its order dated 26th September 2012 – Ministry of Home Affairs (MHA) initially conveyed no objection to a CBI inqui...
Landlord-Tenant Dispute – Eviction Proceedings by Religious Trust – Applicability of Rajasthan Rent Control Act, 2001 – Petitioners, legal heirs of the original tenant, challenged the eviction proceedings initiated by the Respondent Trust under general law, contending that Chapter II & III of the Rajasthan Rent Control Act, 2001 were applicable to the trust’s property u...
Civil Law - Partition Suit – Preliminary Decree and Final Decree – Civil Suit No.7 of 1958 concerning properties of Paigah Asman Jahi – Preliminary decree passed on 06.04.1959 based on compromise – Lands listed in items 230 to 254 of Schedule ‘A’ were excluded from partition, subject to release by the Revenue Department – Reports by Receivers-cum-Commissio...
Civil Writ - Judicial Officers – Super-Time Scale and Selection Grade – Delay in Implementation – Directions Issued – The Supreme Court approved the SNJPC recommendations for increasing Selection Grade District Judges to 35% and Super-Time Scale District Judges to 15% of cadre strength, effective from 01.01.2020 – Several High Courts delayed implementation citing proc...
Service Law - Regularization of Employment – Entitlement to Regular Pay-Scale – Circular Dated 10.05.1984 – Applicability to Special Recruitment Drive Employees - The Court held that the appellants, appointed under a Special Recruitment Drive on sanctioned posts, were entitled to the benefit of the regular pay-scale under Clause 6 of the circular dated 10.05.1984 – Their ap...
Matrimonial Law - Divorce – Mental Cruelty – False Allegations Against Spouse – Character Assassination – Divorce Decree Upheld - The respondent-husband sought divorce on the grounds of cruelty and desertion – The Family Court found that the wife made false allegations of fraud, dowry demand, and harassment against the husband – Additionally, during cross-examin...