Coparcenary Property – Inheritance and Partition – Property of deceased coparcener devolves per Hindu Succession Act if there are female Class-I heirs – After the death of Moola Gounder, his property was inherited as tenants-in-common, not joint tenants – Mother's execution of release deed on behalf of minor daughter without court sanction is voidable, not void – ...
Compassionate Appointment – Gratuity and Scheme Applicability – Respondents sought compassionate appointment post demise of employee – Court affirms that only the scheme prevalent at the date of death applies – Scheme of 4.4.1979 applies, not subsequent schemes – Respondents opted for full gratuity; hence, compassionate appointment not available – Subsequent sch...
Substitution of Plaintiff – Application under Order XXII Rule 10 CPC – Dismissal – The applicant, son of the deceased plaintiff, sought substitution in the pending suit based on an agreement transferring rights to him – The application was filed more than six years after the agreement and after the death of the plaintiff – Held: The application was dismissed due to in...
Disciplinary Proceedings – Authority to Impose Penalties – Appeal against High Court's decision quashing punishment order – Regulation 5(3) of Discipline and Appeal Regulations 1976 allows the Disciplinary Authority or any higher authority to impose penalties – General Manager imposed punishment on respondent, originally initiated by Deputy General Manager – Supre...
Land Acquisition – Adverse Possession – Public Purpose – Appellant, an illiterate widow from a rural background, was divested of her property by the State in 1967 without compensation or legal sanction for the construction of a road – High Court dismissed her writ petition citing laches – Supreme Court finds continuing cause of action, orders compensation on same term...
Arbitration Law – Interim Measures – Jurisdiction – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Tribunal constituted under Section 3 has jurisdiction to grant interim measures under Section 17 of the A&C Act – Contractor’s remedy lies with the Tribunal – High Court’s order restraining recovery without adjudication set...
Consumer Law – Free Gifts – Appellant advertised a holiday voucher scheme with free gifts contingent on referrals – Respondent purchased vouchers but made no referrals – District Forum awarded free gifts (laptop, mobile, TV) and compensation – State Commission and NCDRC upheld the decision – Supreme Court examines scheme terms and finds gifts conditional on refe...
Service Law – Border Security Force Act, 1968 – Misconduct – Appellant, a BSF constable with 17 years of service, dismissed for overstaying leave – Applied for leave extension due to family emergency but rejoined late – Summary Security Force Court convicted and dismissed him – Statutory petition dismissed by Director General BSF – High Court reversed Sing...
Telecom Law – Spectrum Charges – Union of India challenged TDSAT’s order directing refund of excess amount encashed from bank guarantees provided by RCL for deferred spectrum charges – Supreme Court examines NIA 2013 and NIA 2015 terms – Holds that refund of unadjusted amount was justified – Appeal dismissed [Paras 1-12].
Bank Guarantees – Enc...
Constitutional Law – Minority Rights – Article 30 of the Constitution – Appellants challenged provisions of the West Bengal Madrasah Service Commission Act, 2008, arguing they violated minority institutions' rights to administer their educational institutions – High Court declared Sections 8, 10, 11, and 12 of the Act ultra vires – Supreme Court analyzes the provi...