Land Revenue – Correction of RoR – Natural Justice – Order recalling rent fixation and altering RoR passed by Additional Tahasildar without issuing notice or hearing the recorded tenants – Held: Violates settled principles of natural justice; order quashed; matter remanded for fresh hearing [Paras 4-6, 8].
Record of Rights – Correction without Notice – Audi A...
Employees’ Compensation – Employer–Employee Relationship – Total Lack of Evidence – Commissioner relied solely on FIR/FIS without oral proof – Appellant specifically denied employment – Held: Existence of jurisdictional fact must be proved; matter remanded for fresh evidence; substantial question of law arises [Paras 7-10].
Employees’ Compensation...
Service Law – Wrongful Pay Fixation – Recovery – Group-D staff performing Group-C duties granted higher pay scale since 2004 – Recovery directed after 10–14 years – Applying Syed Abdul Qadir and Rafiq Masih – Held: Recovery from Group C/D employees, long-delayed and without misrepresentation, is inequitable and arbitrary; impugned memo/order quashed; refun...
Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Taxation Law - Customs – Refund of Duty – Short Landing or Pilferage – Goods not received by importer – Bill of Entry filed but no Out of Charge order issued – Authorities in dispute over whether goods were short-landed or pilfered – Held: Importer entitled to refund of duty under Section 23 of Customs Act as goods were lost before clearance for home consumption...
Succession – Validity of Will – Proof of Due Execution – Will dated 19.06.2006 bequeathing entire property to son – Plaintiffs (daughters) challenged genuineness – Trial and Appellate Courts found Will proved through attesting witness and Sub-Registrar – Held: Evidence fulfilled requirements of Sections 63 of Succession Act and 68 of Evidence Act – Will va...
Family Law – Custody of Minor Children – Split Custody – Welfare of Child Paramount – Preference of Minor Considered – Family Court granted custody of elder daughter to mother and younger son to father – Appellant-mother sought custody of both children to restore sibling bond – Held: Both parents are educated and financially stable; minor son (aged 11) has...
Civil Law – Rejection of Plaint – Order 7 Rule 11 CPC – Non-payment of Sale Consideration – Plaintiff transferred property by registered sale deed but claimed that consideration was unpaid and sought cancellation of deed and injunction – Trial court held that non-payment does not invalidate a completed sale – Appellate Court affirmed rejection of plaint – ...
Service Law – Coast Guard Officers – Superannuation Age – Rule 20(1) and (2) of 1986 Rules Struck Down – Discrimination Unjustified – Petitioners challenged constitutionality of differential retirement ages: 57 years for officers of rank of Commandant and below, and 60 for senior ranks – Held: All officers are similarly situated within the same force – No ...
Rent Law – Fair Rent Fixation – Retrospective Operation – Equitable Relief – Arrears – Tenant Surrender – Delay in Proceedings – Tenant cannot be burdened with arrears at newly fixed fair rent retrospectively from 2013 when rent control proceedings prolonged for over a decade – Appellate Court had fixed Rs.32,000/month with 5% annual increase from 20...