Service Law - Compassionate Appointment – Rule 9(7) of 1990 Rules – Delayed Application – Application Rejected – Respondent applied for compassionate appointment in 2013, seven years after her father’s death in 2006, citing her mother’s medical unfitness – Rule 9(7) mandates that minors at the time of death of a government servant must apply within three y...
Disciplinary Jurisdiction – Authority of Lending and Borrowing Entities – Rule 18A of Kerala Police Departmental Rules – The petitioner, a Kerala Police Inspector on deputation as an Immigration Officer, faced departmental proceedings by the borrowing authority (BOI) – Held: Rule 18A empowers both lending and borrowing authorities to conduct disciplinary proceedings for mis...
Service Law - Judicial Review in Departmental Inquiries – Limited Scope – Petition Dismissed – Petitioner sought quashing of termination and related orders, alleging non-consideration of evidence and bias – Court held that judicial review under Articles 226/227 does not permit reappreciation of evidence or interference unless proceedings are vitiated by perversity, procedur...
Civil Law - Execution of Will - Validity - Compliance with Sections 63 of the Indian Succession Act and 68 of the Evidence Act - Attestation duly proved - Whether discrepancies in dates and overwriting vitiate the Will - Held: No - Overwriting in date rectified by the scribe’s signature - Misdescription of date on one page immaterial when consistent with the rest of the Will - Will execution...
Civil Law - Order XI Rule 1(5) CPC – Leave to Produce Additional Documents in Commercial Suits – Plaintiff sought to introduce additional documents during the trial, citing their prior misplacement during an office relocation – Held: The rigour of establishing "reasonable cause" for non-disclosure does not arise where documents were not in possession or control at the t...
Minority at Time of Sale Deed – Proof of Identity – The primary issue in both appeals was whether the plaintiff, Rattan Kaur @ Paramjit Kaur, was a minor when she executed the sale deeds. The plaintiff argued that she was a minor based on her birth certificate showing her date of birth as 15.09.1968, which she claimed was issued under the name Rattan Kaur. The First Appellate Court, ho...
Specific Relief Act, 1963 – Section 9 – Civil suit for possession of agricultural land – Ejectment of tenant – Denial of landlord’s title – Jurisdiction of civil court – The Court held that if defendants deny the title of the plaintiffs in their written statement, it is sufficient to hold that they have denounced the title of the plaintiff, thereby giving ...
Employment Law – Back Wages – Gainful Employment Not Proved – Full Back Wages Granted – Respondent was suspended and dismissed from service on allegations of misconduct. The Co-operative Arbitration Court found the suspension and dismissal to be illegal, awarding full back wages for the period of suspension and dismissal. Appellants failed to prove that the respondent was g...
Amendment of Recruitment Rules – Validity of Preliminary Notifications – Section 35 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 – Prescribed Qualifications for Appointments – Amended Rules Not Finalized – Petitioners Not Entitled to Relief – The Court held that a preliminary notification issued by the Travancore Devaswom Board in 2008 to amen...
Micro, Small, and Medium Enterprises (MSME) Act – Registration under Section 8 – Interpretation of Section 18 – Whether an MSME must register under Section 8 of the MSMED Act before the execution of a contract to seek remedies under Section 18 – Held: Registration under Section 8 is not a precondition to invoking Section 18 – Section 18 employs the phrase "any pa...
