Constitutional Law – Tenth Schedule – Expelled Legislators – Deemed Membership – Writ petition challenges legal fiction created by Explanation (a) to Paragraph 2(1) of Tenth Schedule whereby expelled members are deemed to continue as members of their original political party – Petitioners argue this interpretation exposes expelled members to party whip despite cessati...
Specific Relief – Readiness and Willingness – Attorney Holder’s Testimony – Plaintiff (NRI) neither signed the agreement of sale nor the plaint and did not enter the witness box – Suit was filed and prosecuted by subsequent attorney holder who lacked personal knowledge of the transaction – Held: In absence of testimony by plaintiff or original attorney holder, r...
Service Law – Disciplinary Proceedings – Non-supply of Inquiry Report – Violation of Natural Justice – Rule 14, CCS (CCA) Rules – Petitioner removed from service on charges of misappropriation – Inquiry report not supplied before punishment – Later supplied on direction of appellate authority, yet petitioner failed to make representation – Held: Whil...
Service Law – Dismissal on Ground of Conviction – Effect of Probation – Section 12 of the Probation of Offenders Act – Appellant, a bank employee, convicted under Section 409 IPC for misappropriating Rs. 5000 meant for deposit – Though appellate court granted benefit of probation, employer dismissed appellant from service – Held: Grant of probation does not null...
Service Law – Promotion – Sealed Cover Procedure – Applicability – Departmental Promotion Committee (DPC) held on 09.06.2012 – No disciplinary proceedings pending or contemplated as on that date – Vigilance clearance already granted – Charge sheet issued only on 26.09.2012 – Held: Sealed cover procedure impermissible when no proceedings are pending o...
Arbitration – Section 9 – Interim Protection – Attachment of Cargo – Demurrage Claim – Maintainability – Petitioner (shipowner) sought attachment of 1600 MT rice cargo and security of USD 296,326.74 for demurrage under a charter party with 1st respondent – Cargo carried from Kakinada to Ho Chi Minh City under fixture note dated 12.03.2021 – Delay at ...
Civil Procedure – Rejection of Plaint – Limitation – Order 7 Rule 11(d) CPC – Fraudulent Sale Deed – Date of Knowledge – Plaint to be read as a whole – Plaintiffs’ case that they acquired knowledge of impugned sale deeds only on 14.12.2021 and suit filed in 2022 – Trial Court rejected plaint holding plaintiffs knew of sale deeds since 1992 due ...
Civil Law - Property Dispute – Real Brothers – Terrace and Toilet Usage – Injunction Upheld – Parties are real brothers who separately purchased different floors of the same house – Plaintiff/respondent purchased second floor with terrace rights – Petitioners/defendants purchased first floor – Dispute arose over usage of second-floor terrace and toilet &nd...
Civil Law – Arrest and Detention in Execution – Mandatory Procedure Not Followed – Order Set Aside – Executing Court allowed decree-holder’s application under Section 51 CPC and Order 21 Rules 37 and 39 CPC directing arrest of judgment-debtor after deposit of subsistence allowance – Held: Executing Court failed to comply with mandatory requirements of issuing sh...
Election Law – Corrupt Practice – Bribery – Distribution of Money in Name of Pension – Section 123(1)(A) of the Representation of the People Act – Allegations made against appellant (former Minister) for distributing pension benefits and appointing Anganwadi workers to induce voters – Evidence led showed pension sanctioned during tenure as Minister prior to nomi...