Service Law – Voluntary Retirement – Withdrawal of Option – Statutory Scheme – Development Officers opted for Special Voluntary Retirement Package under a statutory scheme framed under Section 17A of the General Insurance Business (Nationalisation) Act – Respondents sought to withdraw option before written acceptance – High Court permitted withdrawal treating sc...
Reservation – Adjustment of Reserved Category Candidates in General Quota – Concessions vs. Merit – Appellants challenged selection of reserved category candidates adjusted in general category despite availing fee/age relaxation – Held: Relaxation in age and fee under Section 8 of the 1994 Act relates to eligibility and does not affect the selection standard – Reserve...
Civil Law - Execution Appeal – Interpretation of Decree – Section 34 CPC – Appeal Dismissed – The Decree Holder filed an execution appeal challenging the Executing Court’s orders restricting pendente lite and future interest to the principal sum of Rs.10,50,000/- instead of the full decretal amount of Rs.14,28,000/- which included Rs.3,78,000/- as pre-suit interest &n...
Foreign Exchange Management – Show Cause Notice – Supply of Documents – Rule 4(1), FEMA (Adjudication Proceedings and Appeal) Rules, 2000 – Scope of Disclosure – Appellant contended entitlement to all documents in possession of Adjudicating Authority, including unused ones, before forming opinion under Rule 4(1) – Held: Rule 4(1) requires notice only to enable f...
Land Acquisition – Restitution of Acquired Land – Industrial Entity Not Entitled – Respondent, a private ceramic manufacturer, sought restoration of land and factory premises acquired in 2006 as part of Tata Motors’ Singur Project – Supreme Court held that its earlier decision in Kedar Nath Yadav quashing the acquisition and ordering restoration applied only to poor c...
Income Tax – TDS Credit – Non-reflection in Form 26AS – Refund entitlement – Petitioner, a cooperative society exempt under Section 80P, sought refund of TDS deducted for A.Y. 2009–10 to 2015–16 – Department refused refund citing mismatch with Form 26AS – Held: Once assessee furnishes Form 16A evidencing deduction, Assessing Officer must verify and g...
Civil Law - Execution Proceedings – Stay Pending Application to Set Aside Ex-Parte Decree – Article 227 – Order 21 Rule 26 CPC – Executing Court’s refusal upheld – Court reiterated that ex-parte decree remains valid and enforceable until set aside – Application for stay must be made before the Court where proceedings under Order 9 Rule 13 are pending &ndas...
Service Law – Pension Recovery – Excess Payment – Recovery Barred – Petitioner, a widow, subjected to deduction of family pension for alleged excess payment between 2008 and 2019 – No fraud, misrepresentation, or connivance on her part; excess caused by systemic lapse – Held: Recovery from retired employees or widows impermissible as per Supreme Court ruling in ...
Matrimonial Law – Divorce – Cruelty – Section 10(1)(x) of Divorce Act – Standard of cruelty uniform under all personal laws – Ill-treatment of husband’s children and attempt to commit suicide by wife constitute mental cruelty – Divorce decree confirmed – Maintenance enhanced to ₹15,000/- per month considering husband’s income abroad [Paras 10...
Civil Law – Partition - Assigned Lands – Transfer Validity – Applicability of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 – Partition Suit – Adverse Possession – Limitation – Appeal Allowed – Sale of land in 1964 challenged by plaintiffs on ground it violated provisions of the 1977 Assigned Lands Act – Trial court held sale void un...