Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].
Condonation of Interruption – Rule 4.23 ...
Armed Forces Tribunal – Jurisdiction and Transfer of Cases – Appeal against a single judge's decision on Armed Forces personnel to be transferred to AFT – AFT's jurisdiction does not extend to writ jurisdiction under Articles 226 and 227 – Intra-court appeals from single judge decisions are not to be transferred to AFT – High Court retains writ jurisdiction ov...
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...
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...