Service Law – Medical Practitioners – Retirement Age – Parity Between Allopathy and AYUSH Doctors – Issue arose whether doctors practicing indigenous systems of medicine (AYUSH) are entitled to the same retirement age as allopathic doctors – Division Bench decisions in NDMC v. Dr. Ram Naresh Sharma (2021) 17 SCC 642, State of Gujarat v. Dr. P.A. Bhatt, 2023 SCC OnLine...
Family Law – Matrimonial Property – Return of Gold Ornaments – Entrustment and Misappropriation – Wife alleged entrustment of 75 sovereigns of gold ornaments to husband as trustee post-marriage – Husband denied, relying on compromise agreement (Ext. A2) admitting only 38½ sovereigns – Held: Ext. A2 genuine and voluntarily executed – Oral evidence an...
Writ Jurisdiction – Maintainability – Civil Suit Pending – Petitioner challenged the review order passed by Collector under Section 15 of the Punjab Land Revenue Act, 1887, concerning mutation of lease deed – Review application was filed after 25 years – Petitioner had already filed a civil suit questioning the legality of the same order dated 26.02.2008 – Held:...
Civil Writ - Transgender Rights – Indirect horizontality – Omissive discrimination – Reasonable accommodation – Private school recruitment – Second School denied employment after disclosure of gender identity; violation of Arts. 14, 15, 21 and ss. 3, 9 of 2019 Act – First School’s intentional discrimination not proved though grievance redressal deficient &...
Civil Procedure – Rejection of Plaint – Limitation – Order VII Rule 11(d) CPC – Article 59, Limitation Act – Cause of Action and Date of Knowledge – Suit for cancellation of sale deed filed after 25 years – Trial Court rejected plaint as time-barred – Appellate Court held limitation to be mixed question of fact and law and remanded matter for trial &...
Partition – Ancestral Property – Registered Settlement Deed – Plaintiff and defendants 2 to 4 inherited land from their father via registered settlement deed dated 24.09.1977 – Defendants 2 to 4 sold entire 1 acre of land to defendant no.1 in 1998, despite holding only 3/4th share – Held: Sale not binding on plaintiff’s undivided 1/4th share – Plaintiff en...
Transfer of Suits – Patent Infringement vs. Groundless Threats – Section 25 CPC – Earlier suit under Section 106 Patents Act has independent cause of action – Delhi jurisdiction invoked via online purchase and delivery – Substantial overlap of parties, facts and issues – To avoid duplication and conflicting findings, infringement suit in Delhi transferred to Bom...
Service Law – Class IV Appointment – Validity of Appointments Beyond Advertised Vacancies – Rule 12, U.P. Rules – “Reasonable Dimension” of Waiting List – Appellants appointed against Class IV posts were terminated in 2008 on the ground that appointments exceeded notified vacancies – Advertisement of 2000 mentioned 12 vacancies “subject to incr...
Mortgage – Contribution vs Subrogation – Sections 82 & 92 TPA; Section 43 Contract Act; Order 34 Rule 2(1) CPC – Appeal partly allowed with remand – Co-mortgagor redeeming the decree by sale of his separate property claimed personal contribution in equal thirds under Section 43 – Held: Contribution arising out of a mortgage is governed by the special law in the Tr...
Fundamental Rights – Protection against State Action – Articles 19(1)(f) and 31(1) – Petition under Article 32 against private bank – Not Maintainable – The petitioner alleged violation of his fundamental rights to property due to sale of his shares by the Central Bank of India Ltd., a company incorporated under the Companies Act – Held: Articles 19(1)(f) and 31...