Non-Payment of Rent Does Not Constitute Criminal Breach of Trust: Calcutta High Court Administrative Orders Cannot Override Terminated Contracts: Rajasthan High Court Affirms in Landmark Decision Minimum Wage Claims Must Be Resolved by Designated Authorities Under the Minimum Wages Act, Not the Labour Court: Punjab and Haryana High Court Madras High Court Confirms Equal Coparcenary Rights for Daughters, Emphasizes Ancestral Property Rights Home Station Preferences Upheld in Transfer Case: Kerala High Court Overrules Tribunal on Teachers' Transfer Policy Failure to Formally Request Cross-Examination Does Not Invalidate Assessment Order: Calcutta High Court Calcutta High Court Rules: ‘NPA Classification Must Be Borrower-Wise, Not Account-Wise High Court of Kerala Denies Applications for Impleading Additional Defendants in Land Dispute Case Andhra Pradesh High Court Declares Vice Chancellor’s Reappointment Void Ab Initio Due to UGC Regulation Violations Rajasthan High Court Grants Interim Protection Against JDA's Demolition Drive Court Condemns Concealment: ‘Attempt to Mislead Court by Concealing Facts Is Deprecable No Enlargement of Coparcenary Shares After Final Decree in Partition Suit: Madras High Court Property Ownership Does Not Negate Right to Maintenance: Calcutta High Court Original Patta Was Never Received: Kerala High Court Dismisses Land Dispute, Orders Investigation Clear Title and Continuous Possession Are Crucial in Property Disputes: Madras High Court Exclusive Jurisdiction Clauses Must Be Enforced if Validly Agreed Upon: Punjab and Haryana High Court

"CIVIL" Digest

Service Law – Compassionate Appointment – Rule 4(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 – Petition for ex-gratia employment – Rule 4(1) restricts eligibility to cases where deceased employee was less than 52 years old at the time of death – Petitioner's father was 56 years old – Petitioner not entitled to...

Arbitration Law – Scope of Judicial Review – Sections 37 of Arbitration Act and Section 13 of Commercial Courts Act – Appeal against arbitral award – Non-compliance with Section 18(2) of MSMED Act – Appellants participated in arbitration after dismissal of writ petition – Same issue cannot be raised de novo – Scope of judicial review minimal – Appeal...

Motor Vehicles Act – Compensation for Death – FIR under Sections 302, 379, and 188 IPC – Claim petition dismissed as FIR pertained to murder, not a negligent accident – Death caused by accident by offending vehicle proved – Intention of the driver immaterial – Use of vehicle on road and resulting accident sufficient for compensation – Appeal allowed &ndash...

Negotiable Instruments – Presumption and Burden of Proof – Application for leave to appeal against acquittal under Section 138 of the Act – Respondent issued cheque for Rs.2,50,000, which was dishonoured – Respondent claimed cheques were stolen and account was closed – Court held that initial burden is on complainant to prove transaction leading to issuance of cheque ...

Service Law – Assured Career Progression – Adverse Annual Confidential Reports (ACRs) – Writ petition seeking the quashing of the order denying the petitioner the first ACP scale and directing the respondents to grant the first ACP scale upon completion of eight years of service. The petitioner’s service records included a “below average” ACR for 2009 and &ldquo...

Service Law – Assured Career Progression – Technical and Non-Technical Pay Scales – Writ petition seeking quashing of the order that rejected the petitioner’s pay fixation in the pay scale of Rs. 5200-20200 + GP 3200 as the first ACP from 01.02.2006 and reduced his pay. The petitioner was granted a technical pay scale earlier, which should be treated as the functional pay s...

Administrative Law – Appointment of Drawing and Disbursing Officer (DDO) – Writ petition seeking quashing of the order withdrawing DDO powers from the petitioner and conferring them on respondent No.4. The petitioner contended that the DDO powers should not be assigned to an officer from outside the office. Held, the DDO powers are administrative and meant for the smooth running of the...

Civil Procedure – Interim Injunction – Use of Property – Petitioners-defendants challenged the orders restraining them from using a building in their possession until they paid an agreed sum to the respondents-plaintiffs. Held, restraining the use of the building through an interim order amounts to granting the main relief sought in the suit. The main relief cannot be extended as...

Arbitration Law – Calculation of Interest – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 – Revision petition filed to challenge the dismissal of an execution petition regarding the calculation of interest – Petitioner claimed interest on the interest pendente lite – Court held that the interest awarded under Section 31(7)(a) partakes the character of...

Rent Control Law – Provisional Assessment of Arrears – Revision Petition against the dismissal of execution petition for arrears of rent – Tenant failed to pay arrears on the adjourned date due to a "no work day" observed by lawyers – Court held that nothing precluded the tenant from paying/depositing arrears despite the "no work day" – Petition di...