Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court

"CIVIL" Digest

Right to Education – Continuity of Education – Merger of School IDs – Petitioners, admitted to the Junior Wing of Holy Innocents Public School under the EWS/DG category, were denied admission to the Senior Wing due to different School IDs assigned by the Directorate of Education (DoE) – High Court directed the merger of School IDs of Junior and Senior Wings of schools run b...

Specific Relief Act - Declaration of Ownership - Section 34 - Suit for declaration claiming ownership and possession of suit land - Registered sale deed typically cannot be set aside for non-payment of consideration unless the sale deed includes a specific clause allowing such cancellation - Rule of lis pendens does not apply if the previous litigation was collusive - First Appellate Court’s...

Constitutional Law - Article 226 - Cooperative Societies - Sections 54, 55, 56 of Punjab Cooperative Societies Act - Cooperative Banks not considered 'State' under Article 12 - Writ petition against a Cooperative Bank not maintainable - Cooperative Societies not administered or controlled by State Machinery - No writ jurisdiction over Cooperative Societies - Petition seeking release of pen...

Pension Law - Retirement Age - Article 226 of Constitution - Extension of Service Post-Superannuation - Petitioner retired as Senior Lab Assistant at age 58, extended service till 11.06.2013 - Pension should be based on pay drawn till 11.06.2013 - Held, pension to be fixed as per pay drawn on date of original retirement, i.e., 31.03.2011, as per applicable rules - Writ petition dismissed. [Paras 4...

Constitutional Law - Doctrine of Bias - Articles 226 and 227 - Central Excise Tariff Act - Request for Transfer of Appeal - Petitioner alleged bias as the Commissioner (Appeals), Ludhiana, was the wife of the Commissioner who reviewed the order being appealed - Doctrine of bias emphasized justice must be seen to be done - Reasonable apprehension of bias suffices to invoke the doctrine - Writ petit...

Motor Vehicles Act - Survival of Claim - Sections 110-A, 166 - Indian Succession Act - Section 306 - Death of injured claimant during appeal - Claim for personal injuries abates if death not due to injuries - Legal representatives can prosecute claim for loss of estate - Legal representatives entitled to prosecute for enhancement of compensation related to loss of estate but not for personal injur...

Medical Reimbursement - Treatment Abroad - Articles 226/227 of Constitution of India - Petitioner's claim for reimbursement of medical expenses incurred during treatment abroad at Prince of Wales Hospital, Sydney, Australia, from 06.02.2012 to 10.02.2012 - Claim for reimbursement of travel expenses for petitioner and wife also made - Held, travelling allowance does not include airfare for over...

Civil Procedure - Registration of Decree - Section 100 of CPC - Whether a judgment and decree passed by a court acknowledging a prior family settlement with respect to a self-acquired property of a common ancestor is compulsorily registrable - Held, No - Family settlements acknowledged by court decrees do not require registration unless property is transferred through a decree - Appeal allowed, an...

Service Law - Seniority - Inter-Charge Transfer - Constitution of India - Articles 14, 16 - CBDT Circular dated 14.05.1990 - Petitioners transferred on compassionate grounds claim seniority from the date of joining the parent region - Seniority determined region-wise, transfer on request results in placement at the bottom of seniority list in the new region - Petitioners' seniority correctly f...

Partnership Law - Dissolution and Tenancy Rights - Section 48 of Partnership Act, 1932 - The issue of whether tenancy rights, post-dissolution of a partnership firm, transfer to individual partners as separate tenants or remain as joint tenancy - Held, upon dissolution, tenancy rights do not transfer to individual partners but remain as joint tenancy - The erstwhile partners become joint tenants w...