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...
Cooperative Society Disputes – Executability of Decree – Plot Allotment – Merger/Identity – Constructions – Supreme Court upholds High Court’s refusal to treat decree as inexecutable – Photograph shows substantial open land; only a covered passage overlies Plot 5A – Passage directed to be removed and Plot 5A allotted with vacant possession – In...
Panchayati Raj – Scheduled Areas – 100% Reservation for Chairpersons – Constitutional Validity – Article 243M(4)(b), PESA Act, 1996 – Sections 21(B), 40(B), 55(B) of the Jharkhand Panchayat Raj Act, 2001 – High Court held cent-percent reservation of Chairperson posts unconstitutional as excessive and violative of Article 14 – Supreme Court reversed –...
Family Law - Child Custody – Interim Custody – Welfare of Child – Adulterous Relationship of Parent – Not Sole Criterion – Appeal filed by mother challenging interim custody granted to father under Section 12 of the Guardians and Wards Act – Family Court found prima facie evidence that appellant was in an adulterous relationship and failed to attend multiple hea...
Public Employment – Judicial Service Recruitment – Viva Voce Weightage – Appellant challenged 200 marks prescribed for viva voce (interview) out of total 1050 marks for Bihar Judicial Services Exam – High Court dismissed petition on ground of estoppel after participation in process – Held: Prescription of 200 marks for viva voce (approx. 19%) not excessive or arbitrar...
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 – 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...
Cooperative Societies – Maintainability of Dispute – Section 91 of Maharashtra Cooperative Societies Act – Allotment of FSI to Member – Tender restricted to society members only – Held: Dispute arises out of membership rights and touches the business of the society – Transaction not commercial in nature nor with outsider – Cooperative Court had jurisdictio...
Property Law – Possession under Unregistered Agreement to Sell – Section 53A of the Transfer of Property Act – Agreement dated 07.05.1963 and receipt dated 15.09.1963 proved on record – However, possession of defendants taken nearly six to seven years after execution of the agreement – Held: Such possession not in part performance of the contract – Essential con...
Judicial Service – Premature Retirement – Validity of Notification – Petitioner, serving as Additional District Judge, prematurely retired at age 53 under Rule 21 of Gujarat State Judicial Service Rules, 2005 – Challenge on ground that Notification issued without Governor’s personal satisfaction and instead based on recommendation to Government – Held: As per Ar...