Civil Law – Review Jurisdiction – Error Apparent on Face of Record – Non-consideration of Arguments – Context where the appellate court recorded submissions regarding the maintainability of a claim petition but failed to adjudicate them – Held: Non-consideration of arguments that are germane to the issue constitutes an error apparent on the face of the record. If vita...
Maharashtra Cooperative Societies Act, 1960 – Section 88 – Inquiry and Assessment of Damages – Functus Officio – Replacement of Authorized Officer – Held: The authority of an officer to conduct inquiry and submit a report flows solely from the order of appointment – Once the Registrar issues an order replacing the Authorized Officer, the original officer becomes...
Matrimonial Law - Hindu Marriage – Void Marriage – Customary Divorce – Appellant’s previous marriage not dissolved by court decree – Claimed customary divorce via Panchayat not established by evidence – High Court holds that vague agreement dated 25.09.2013 between Appellant and her former husband cannot substitute statutory dissolution – Marriage with Res...
Civil Law - Specific Performance – Readiness and Willingness – Conduct of Plaintiff – Held: The plaintiff-appellants took divergent stands at different stages: initially claiming part of the land was acquired, then claiming the agreement was cancelled, and subsequently asserting the plot was not identifiable. Such contradictory stands negate the plea of readiness and willingness ...
Service Law – Seniority – Determination of Inter-se Seniority – Direct Recruits vs. Promotees – Recruitment Year vs. Date of Appointment – Held: Seniority cannot be reckoned from the date of occurrence of vacancy or initiation of recruitment process unless expressly provided by rules – It must be reckoned from the date of substantive appointment/entry into the c...
Service Law – Recruitment Process – Cancellation – Petitioner and selected candidate secured equal marks in MBK selection – Petitioner alleged fabrication of marks to favour Opposite Party No.6 – Inquiry by District Project Manager confirmed irregularities – Collector directed re-evaluation of selection process following government guidelines – Held: In ca...
Matrimonial Law – Divorce – Dismissal of Husband’s Petition – Grounds of Cruelty and Desertion – Appellant/Husband filed for dissolution of marriage under Section 10 of the Divorce Act – Alleged that wife refused to care for his parents, expressed dissatisfaction over financial issues, and deserted him – Family Court dismissed the petition – Held: Gr...
Service Law – Age Relaxation – Recruitment to Post of Fireman and Fireman Driver – Petitioners challenged fixation of upper age limit at 25 years in Advertisement dated 29.08.2023 – Petitioners contended that the posts were lying vacant since 2015 and no recruitment held due to COVID-19 – Court noted that age limit was fixed under 2021 Rules framed under Section 26(2)...
Tenancy Law – Period of Tenancy – Dispute over duration – Plaintiff claimed tenancy continued beyond 31.03.2017 – Defendants asserted surrender on that date – Court held that implied surrender was established under Section 111(f) of Transfer of Property Act – Finding based on tender of surrender letter, affixation of notice, and shifting of office to new premise...
Industrial Disputes – Reinstatement – Back Wages – Absence Without Leave – Reinstatement Without Back Wages Upheld – Petitioner, a temporary Chawkidar whose services were regularised, absented without sanctioned leave from 02.11.1993 to 27.01.1994 – Tribunal found non-acceptance of joining illegal and ordered reinstatement but denied back wages – Held: Abs...