Panchayat Administration – District Development Officer v. President – Administrative Powers Clarified – Sections 83 & 162 of Gujarat Panchayats Act – High Court correctly held that while elected Panchayat officials play a key role in policy-making, executive authority in service matters lies with the District Development Officer (DDO) – Held: DDO is not subordina...
Environment Law – Wetland Protection – Futala Lake – Construction Activities – Public Interest Litigation – Dismissal of Appeal – Supreme Court upholds Bombay High Court’s refusal to interfere in beautification projects near Futala Lake – Held: Futala Lake is a man-made waterbody, originally constructed for irrigation and drinking water purposes, hen...
Arbitration – Appointment of Arbitrator – Clause in contract designating Managing Director or nominee of Respondent as Sole Arbitrator held invalid post-2015 Amendment – High Court refused to appoint Arbitrator holding arbitration clause to be inoperative and application barred by limitation – Supreme Court held clause for arbitration remains valid despite invalidity of app...
Taxation – Works Contract – Transfer of Property in Goods – Printing of Lottery Tickets – Appellant engaged in printing lottery tickets using ink and chemicals procured by itself while paper was supplied by contractee – Assessing Authority levied tax under Section 3F(1)(b) of U.P. Trade Tax Act on ink and chemicals – Appellate Authority and Tribunal deleted levy...
Property Law – Declaration of Title – Oral Gift (Hiba) – Suit for declaration of title and cancellation of sale deeds based on oral gift by Muslim mother to daughter – Plaintiff claimed oral gift of 10 acres out of 24 acres 28 guntas, and inheritance of remaining land – Trial Court disbelieved oral gift, but decreed 3/4th share based on succession – High Court r...
Hindu Minority and Guardianship Act, 1956 – Section 8(3) – Alienation of Minor’s Property – Mode of Repudiation – Natural guardian sold minors’ immovable property without prior court permission – Upon attaining majority, minors executed fresh sale deed of same property in favour of appellant within limitation – High Court held absence of suit to canc...
Public Interest Litigation – Road Safety – Pedestrian Protection – Directions Issued – Supreme Court takes cognizance of alarming rise in road accident deaths (1.72 lakh in 2023 including 35,000 pedestrians) – Court issues detailed directions on five key aspects: (i) pedestrian footpaths, (ii) pedestrian crossings, (iii) mandatory helmet use, (iv) prevention of wrong-...
Civil Law – Injunction Suit Without Declaration – Maintainability – Plaintiff sought injunction against defendant (her brother) on the basis of a Will executed by their father – Admitted that defendant was in possession – No prayer for recovery of possession or declaration of title made – Held: Where possession is with defendant and ownership is disputed, suit f...
Army Service – Discharge – Rule 13(3) of the Army Rules, 1954 – Validity of discharge for inefficiency – Respondent, a recruit, was discharged from service for having failed twice in the clerks’ proficiency and aptitude tests – Learned Single Judge upheld the discharge under Rule 13(3) holding that the competent authority was entitled to discharge a recruit cons...
Service Law – Compassionate Appointment – Fraudulent claim of adoption – Burden of proof – Respondent claimed appointment on compassionate grounds as the adopted son of deceased Head Master – Produced an unregistered deed of adoption and a joint succession certificate with his natural father – Application for compassionate appointment initially rejected by compe...