Constitutional Law – Article 226 – Writ Jurisdiction – Mutation of Property – Challenge to Single Judge’s Order – Appeal against Single Judge’s order quashing rejection of representation seeking mutation – Will executed in favor of adopted son predeceasing testator – Mutation sanctioned in favor of third party upheld by Supreme Court – He...
Civil Procedure – Striking Off Defence – Appellants’ defense struck off for breaching court undertaking – Alleged breach involved executing an agreement to sell part of the disputed property – Agreement included transferring possession to third party – Appellants argued mere execution of agreement does not constitute sale, transfer, or alienation – Court f...
Employment Law – Termination During Probation – Misconduct Allegation – Appeal against the order of termination during probation. Held, termination based on unsatisfactory work and conduct during probation is neither stigmatic nor requires a detailed inquiry unless misconduct is specifically attributed. The appellant's termination, based on a "below average" ACR and...
Pre-emption Act – Mandatory Court Order for Deposit – Petition challenging dismissal of application for deposit of 'Zare-Panjim' amount. Held, sub-section (1) of Section 22 mandates that the trial court must order the plaintiff to deposit a sum not exceeding 1/5th of the probable value of the land or property, or to provide security. In the absence of such direction, consequenc...
Constitutional Law - Article 226 - Village Common Lands - Exclusionary Clauses – Petitioner, a village proprietor, claimed the land did not vest in Gram Panchayat under Section 2(g) of the 1961 Act – Land recorded as ‘banjarqadim’ argued not used for common purposes – High Court held, proprietors must establish the land falls under exclusionary clauses (i) to (ix) of ...
Land Law - Redetermination of Surplus Area - Suo Moto Powers – Financial Commissioner invoked suo moto powers after 11 years to redetermine surplus area – Held, such invocation not permissible once determination has attained finality up to the High Court – Surplus area vested and mutated in favor of the State, utilized, and not available for redetermination – Arbitrary and ...
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
Administrative Law - Applicability of CPC Rules to Tribunal Proceedings – Tribunal's approach in ignoring specific allegations in Original Application regarding non-communication of subsequent Written Test Notice and interview scheduling, despite written statement's evasive denial, caused prejudice – CPC Rules governing pleadings apply fully to Tribunal proceedings – Evas...
Constitutional Law - Articles 14 and 16 - Recruitment Standards and Qualifications – Petitioner challenged the selection of respondent No. 4 for the post of Statistical Assistant – Respondent’s Master of Commerce degree lacked Statistics as a required subject – Held, recruitment rules specified Statistics as one of the papers at the Master's or Bachelor's level &nda...
Service Law - Promotion Criteria - Common Seniority List – Petitioners, Senior Scale Stenographers/Reporters, challenged the promotion of Personal Assistants to Private Secretary – Held, Rule 11 stipulates a common seniority list for promotion – Absence of common list violated Rule 11 – Promotions solely from Personal Assistants cadre from 1981 to 1995 deemed arbitrary and ...