Service Law – Educational Qualification – Validity of Appointment – Appellant appointed as Assistant Teacher in 1988 on basis of B.Ed. degree from Maithili Vishwa Vidyapeeth, not recognized under UGC Act – Institution later directed appellant to acquire valid B.Ed. from recognized university, which he did after appointment – Held: Essential qualification must be posse...
Freedom Fighters’ Pension – Date of Commencement – Benefit of Doubt – Respondent applied for pension in 1981 under the Freedom Fighters’ Pension Scheme – Application was rejected in 1993 but later allowed by the High Court – Pension was granted from 4.8.1993 (date of High Court order) – Respondent claimed pension from 28.7.1981 (date of application) ...
Service Law – Departmental Proceedings – Quasi-Judicial Nature – Procedural Fairness – Railway employee found guilty in a disciplinary inquiry for overcharging ₹5 from a decoy passenger during a pre-arranged trap – Tribunal set aside punishment on grounds of violation of Rule 9(21) and non-compliance with Vigilance Manual (Paras 704 and 705) – High Court rever...
Contempt of Court – Civil Contempt – Alleged violation of orders dated 07.03.2006 and 09.03.2007 – Petitioners alleged UPPSC suppressed facts, shifted stands and refused to disclose marks and cut-off – Respondents (Chairman and Secretary of UPPSC, and State) filed affidavits explaining compliance steps, production of merit lists and reasons for non-recommendation – Te...
Hindu Marriage Act – Divorce – Grounds of Cruelty and Desertion – Marriage solemnized in 1974, wife allegedly insisted husband live separately from parents, frequently quarrelled, and ultimately deserted matrimonial home in 1984 leaving minor daughter – Husband filed divorce petition in 1992 – Family Court, after detailed evaluation of oral and documentary evidence, g...
Civil Procedure Code, 1908 – Section 11 – Res Judicata – Four partition suits decided by common judgment in 1944 on issue whether sale deed of 1885 by widow Sirtaji in favour of Mata Badal was for legal necessity – In Suit No. 98 (Kurthuwa lands), sale held invalid; appeal dismissed as time-barred in 1945, decree attained finality – In other suits (Nos. 99, 100), appe...
Income Tax – Reference under Section 66 – Scope of Jurisdiction – High Court’s jurisdiction under Section 66 is confined to questions of law arising out of the Tribunal's order – Such questions must have been raised before or dealt with by the Tribunal – Held: A question neither raised before the Tribunal nor dealt with by it cannot be said to arise out of i...
Probate Proceedings – Caveatable Interest – Scope and Meaning – Court clarified that caveatable interest must be a real, direct, and existing interest in the estate of the testator – Mere speculative claims, contingent succession, remote relationship, spiritual obligations, or apprehension of mismanagement by existing heirs do not create caveatable interest – Busy bod...
Civil Procedure Code – Order 6 Rule 17 – Amendment of pleadings – Defendant sought amendment of written statement in 2004 to introduce agreement of 1982, nearly 18 years after suit filed and at stage when trial had concluded – Trial Court allowed application – High Court reversed – Held: “Due diligence” under proviso requires prompt and reasonable st...
Arbitration – Decree on Modified Award – Scope under Arbitration Act, 1940 – After an award was filed in court under Section 14(2) of the Arbitration Act, the parties entered into a compromise modifying the award's terms – Court passed a decree incorporating the modified terms – Held: Even though the Arbitration Act limits the court’s power to modify an awar...