Civil Appeal – Challenge to High Court’s modification of Trial Court’s preliminary decree in a partition suit – Appellant’s claim through co-sharer contested – Preliminary decree upheld with modification concerning demolition of buildings – Final decree process and consideration of construction’s legality deferred to Trial Court. [Paras 1-7]
Trial...
Military Promotion – Consideration of Service Records for Promotion to Colonel – Issue concerning the consideration of Confidential Reports (CRs) for promotion of women officers in the Indian Army to the rank of Colonel post Permanent Commission (PC) – Grievance regarding non-empanelment for promotion and exclusion of recent CRs addressed. [Para 1-2, 10-12]
Army Policy Framewo...
Civil Appeal – Partition Suit – Appellant (defendant no. 2) contesting High Court's judgment granting the plaintiff (respondent no. 1) a share in the disputed properties – Appeal partially allowed, High Court's judgment modified to exclude plaintiff's entitlement to a share of her mother-in-law's property. [Para 14]
Property Inheritance – Hindu Succession...
Sexual Harassment Allegations - Disciplinary Proceedings - The respondent, an Area Organizer at the Service Selection Board (SSB) Rangia, Assam, faced allegations of sexual harassment from a female colleague. Initial on-spot inquiries and reports by Frontier and Central Complaints Committees failed to fully substantiate these allegations - Central Complaints Committee's subsequent inquiry esta...
Public Interest Litigation (PIL) – Credentials and Public Interest Requirement – Dismissal
The petitioner’s PIL, seeking demolition of an allegedly illegal structure due to land encroachment, was dismissed. The court found the PIL inadmissible as the petitioner did not satisfactorily establish his credentials as a social worker and failed to demonstrate substantial publ...
Parole – Rejection of temporary release on parole – Challenge against the Superintendent Jail’s order denying parole – Petitioner’s criminal antecedents and commission of offenses during parole considered – Petition for release on parole dismissed. [Paras 1, 14-15, 19]
Conviction – Serving life sentence – Conviction for multiple offenses...
Medical Negligence – Complaint against cardiologist for alleged negligence in treatment – Dismissal of the complaint by Delhi Medical Council and affirmation by High Court – Disciplinary Committee found prescription lacking but no negligence in treatment – High Court defers to the expertise of the medical panel. [Para 1, 2, 6-8]
Medical Expertise – High C...
Administrative Law – Judicial Review of Tribunal's Decision – Challenge against the Tribunal's decision allowing out-of-turn promotion based on sporting achievements – Tribunal's decision quashed due to incorrect application of relevant standing orders for promotion criteria. [Paras 1, 14-15, 22]
Promotion in Delhi Police – Criteria under Standing O...
Public Interest Litigation – Efficient handling of Income Tax Appeals – Petition by All India Federation of Tax Practitioners for expeditious disposal of appeals by Commissioners (Appeals) and enhancement of their number and resources – Directions sought to adhere to time limits set by Section 250(6A) of the Income Tax Act and for chronological disposal of appeals. [Para 1]
&n...
Arbitration Agreement – Enforceability against Judicial Proceedings – Suit decreed by ADJ despite the existence of an arbitration agreement between the parties – Appellants objected to the maintainability of the suit citing the arbitration clause and Section 8 of the Arbitration and Conciliation Act, 1996 – The objection was raised at the earliest possible instance in the a...