Succession Law – Validity of Will – Proof of Due Execution – Attestation – Witness Testimony – Exclusion of Legal Heir – Concurrent findings reversed – Will executed by testator excluding one out of nine children due to marriage outside the community – Sole attesting witness (DW-2) examined; trial and appellate courts held execution not proved as DW-...
Civil Law – Execution Proceedings – Maintainability – Writ petition filed challenging impugned order in I.A. under Order XXI Rules 97–105 CPC in execution proceedings before Commercial Court – Held: Writ not maintainable when statutory remedy of Commercial Appeal available – Petitioner permitted to convert writ petition into Commercial Appeal under Section 37 of...
Arbitration – Section 11 – Consortium Agreements – Existence of Arbitration Agreement – Referral to Arbitral Tribunal Upheld – First respondent (Tecpro Systems Ltd.), a member of a three-party consortium, invoked arbitration individually under Clause 22.2 of General Conditions of Contract – Appellant objected that only the Consortium could invoke arbitration, no...
Civil Law – Injunction – Title and Identification of Property – Rectification Deed – Suit Dismissed – Respondents filed suit for permanent injunction based on BDA auction and rectified sale deed – Trial court dismissed suit for want of title and property identification – High Court reversed based on unproven BDA survey – Supreme Court held rectificat...
Service Law – Regularization – Contractual Appointment – Petitioners selected through a proper selection process in 2011 and working continuously as ECG Technicians for 15 years – Government created four posts in 2014 on recommendation of competent authority – Instead of regularizing petitioners, State issued open advertisement in 2015 – Held: Petitioners' a...
Criminal Law – Discharge under Section 227 Cr.P.C. – Framing of Charges – Petitioner challenged trial court order framing charges under IPC and Arms Act – Claimed alibi of being detained by police on the date of incident – Trial Court held that prima facie case existed based on statements of police witnesses identifying petitioner as part of mob – High Court uph...
Succession Law – Will – Proof of Execution – Registered Will dated 08.05.2003 relied upon by defendants to deny partition to sisters – Trial court held Will not proved – Held: Evidence of attesting witnesses (DW-2 and DW-3) and scribe (DW-4) consistent with execution requirements under Section 63(c) of Indian Succession Act – Witnesses stated Will was executed b...
Medical Education – BDS Admissions – NEET – Lowering of Qualifying Percentile – Power of Relaxation – Regulation II(5), Revised BDS Course Regulations, 2007 – Proviso vests exclusive power in Central Government in consultation with DCI – State Government has no authority to lower NEET percentile – Letter of Central Government directing “necessa...
Service Law – Assistant Teacher Recruitment – Termination – Inflated Marks – Petitioners appointed pursuant to ATRE 2019 later terminated on ground of having entered higher marks in their application forms – Respondents contended such entries were deliberate and altered merit position – Held: Candidates who gained undue advantage by inflating marks were rightly ...
Motor Accident Compensation – Maintainability of Appeal – Modified Award – Tribunal passed modified award deleting recovery rights of insurer against vehicle owner during pendency of appeal – Insurance company participated in modification proceedings and raised no objections – Held: Appeal maintainable – No bar against appeal on ground of subsequent modification...