Condonation of Delay – Inordinate Delay – Administrative Lapses – The State sought condonation of a delay of 1679 days (4 years and 7 months) in filing a review petition – Court held: The State's reasons, including reliance on administrative procedures, COVID-19 pandemic, and rainfall in Kolhapur, were insufficient to explain the inordinate delay – Mere procedural...
Contract Law – Suit for Recovery of Money – Appeal Against Decree – Partial Decree of Money Suit – Settlement of Accounts and Acknowledgement of Debt – The appellants contested a partial decree granted to the respondent for recovery of a sum of Rs. 1,03,91,700/- with future interest at the rate of 6% per annum on Rs. 67.77 lakh from the date of the suit. The appellant...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Service Law – Recruitment Rules – Petitioners challenge the stipulation in the Recruitment Rules of 2011, allowing promotion from H/CT DCPO to ASI (Fire) – Petitioners argue the rules are arbitrary, as H/CT DCPOs lack qualifications and training for ASI (Fire) duties – High Court evaluates the validity of the recruitment rules and the petitioners' claims of arbitrarines...
Civil Law – Revocation of Power of Attorney – Implied Revocation – Appellant and respondent No. 1 (sisters) purchased property together; appellant later executed a power of attorney (PoA) in favor of respondent No. 1. Appellant retired and returned to India, participating in a sale deed with respondent No. 1. Supreme Court held that this participation amounted to an implied revoc...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Compensation Claim – Settlement Between Parties – FIR Quashed – Compensation Denied – Petitioner sought increased compensation after settlement and quashing of FIR – Court held that the quashing of FIR nullifies the legal basis for compensation – Petition dismissed [Paras 12–14].
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Service Law – Regularization of Service – Petitioner seeking regularization of service from 1992 to 2016 on notional basis without financial benefits and from 2016 onwards with financial benefits – Petitioner continuously worked since 1992 – Government had conferred ‘Temporary Status’ in 2013 and regularized service in 2016 – Citing precedents on regulariz...
Public Land – Unauthorized Construction – Jurisdiction of Authorities – The petitioner alleged unauthorized construction on government land under Dag Nos. 1320 and 1321 belonging to the Irrigation Department – Private respondents admitted partial encroachment and sought long-term lease – Held: Encroachment on Jola and Doba land, classified as irrigation land, requires...
RERA Compliance – Violation of Approved Plan – Builder Held Liable – The developer created additional car parking spaces beyond the CMDA-approved plan and sold them for profit – CMDA found that common areas and designated spaces were converted into car parks, causing congestion – Held: The developer’s actions violated the provisions of the RERA Act and CMDA guid...
Charitable Trusts – Cancellation of Registration – Section 12AA(3) – Cancellation Retrospective Effect – Unjustified - The Commissioner of Income Tax (CIT) cancelled the registration of the assessee-society retrospectively for the assessment year 2004-2005 under Section 12AA(3), introduced w.e.f. 01.06.2010 – Held: Retrospective application of cancellation not permiss...