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...
Constitutional Law – Article 14 – Discretionary Power – Section 19 of the Slum Areas Act – Validity of Legislative Guidance – Challenge to Section 19(3) of the Slum Areas (Improvement and Clearance) Act, 1956 on ground that it vests arbitrary power in competent authority to permit or refuse execution of eviction decrees – Held: Provision constitutionally valid &...
Service Law – Trade Tax Officers – Limited Departmental Examination, 1987 – 97 posts withdrawn from UPPSC due to delays – Cabinet approved departmental selection – Appointments in 1987 described as ad hoc owing to interim High Court orders – Held: Government intended substantive appointments – 1987 appointees deemed substantively appointed from date of ini...
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...
Taxation – Classification – Article 14 – Validity of taxing only Virginia Tobacco – Andhra Act XIV of 1955 amended Section 5 of Madras General Sales Tax Act to impose tax on Virginia tobacco while exempting country tobacco (Nattu tobacco) – Held: Classification based on clear and intelligible differentia such as taste, texture, cultivation, usage, and marketability &n...
Service Law – Departmental Proceedings – Finality of Orders – Appellant dismissed by Revenue Secretary – Revenue Minister noted on file suggesting reversion instead of dismissal due to mitigating factors – Held: Mere internal noting or expression of opinion on a file does not constitute a binding order unless duly authenticated and communicated – Notings not exp...
Slum Rehabilitation – Competing Claims – Developer’s proposal rejected due to overlap with already approved scheme and lack of Annexure I for one of the plots – Held: SRA's rejection justified – Composite application without complete documentation for F.P. No. 569 (Part) was invalid – Developer had not annexed Annexure I with original proposal [Paras 29, 54&...
Judicial Tenure – Tenure of Members of Sikh Gurdwara Judicial Commission – Not Perpetual – Constitution Permits Time-Bound Appointments – Petition challenged the removal and replacement of Judicial Commission members under Sikh Gurdwaras Act, 1925 – Appellant contended members serve until no case is pending, claiming virtual perpetuity – Held: Tenure is not perp...