Contract Law – Coal Supply Dispute – Appeal Dismissed – Coal Pricing – Colliery Control Order 2000 – Imposition of Add-on Charges - CCL imposed add-on charges over the base price of coal, which the appellant paid under protest. The appellant contended that under the Colliery Control Order 2000, only CIL was authorized to fix coal prices and that CCL had no power to im...
Service Law – Inter-Cadre Deputation – Order of Central Administrative Tribunal Set Aside – The petitioner, an Indian Forest Service officer from the Manipur Cadre, sought an extension of his inter-cadre deputation to Kerala for an additional two years due to personal difficulties – His initial deputation was granted on grounds of his father's old-age ailments and his f...
Lease Agreement and Wrongful Occupation – The property, originally leased to the appellants by predecessors of ATM Constructions, was subject to legal disputes post lease expiry on 31.12.1997. ATM Constructions sought possession and later, damages for wrongful occupation from 01.01.1998 till 31.12.2019, and future damages from 01.01.2020 till possession was handed over in June 2022. [Paras 3...
Trust Law – Ownership of Property – Interpretation of Decree – Nature of Trust Property – The appellant contended that the property in question was not a trust property and was under his absolute ownership, whereas the respondent claimed it was trust property meant for the upkeep of the respondent temple and the Guru Manicka Prabhu Temple. Held: The Supreme Court found that...
Civil Procedure – Second Appeal – Scope under Section 100 CPC – High Court's Jurisdiction in Second Appeal – The High Court allowed the second appeal by answering in the affirmative on the question of whether the suit was liable to be dismissed for non-joinder of necessary parties. However, the High Court erred by overturning the First Appellate Court’s findings w...
Constitutional Law – Local Body Elections – Appeals Dismissed – Article 243-U – Mandate for Timely Municipal Elections - The appeals challenged the learned Single Judge's direction for notifying elections, citing the incomplete "triple test formalities" for OBC reservation - The Court highlighted the inviolability of the constitutional mandate under Article 24...
Criminal Law – Sexual Assault – Conviction Upheld – Minor Victims – The appellant, a close relative of the complainant, was accused of sexually assaulting five minor girls aged 8 to 13 years over two years. The victims were residents of the same village as the appellant. The trial court convicted the appellant based on consistent and corroborative evidence from the survivor...
Service Law – Appointment Validity – Retrospective Application of Rules – The petitioners were appointed as teachers and non-teaching staff before the enforcement of the 1978 and 1984 Rules, which mandated training qualifications and a prescribed selection procedure – The institution received temporary and permanent recognition in 1980 and 1984, and was included in the gran...
Election Law – Election Petition – Dismissal under Order VII Rule 11 CPC – Grounds for Election Petition – The respondent challenged the appellant's election on grounds of non-disclosure of assets and indulging in corrupt practices. The appellant sought dismissal of the petition for lacking cause of action, as it did not specify corrupt practices in detail. The High Cou...
Municipal Law – Development Control Regulations – TDR Entitlement – Retrospective Application of Amendments – The appellants surrendered lands and developed amenities like DP Roads, seeking additional TDR/FSI under the provisions of the MRTP Act and DCR. The High Court ruled in favor of the Municipal Corporation's stance that the amendment to Regulation 34 of DCR in 201...