Police Service – Discharge During Probation – Absence from Duty – Respondent, a probationary police constable, discharged from service for unauthorized absences and habitual absenteeism under Rule 12.21 – Trial Court dismissed respondent's suit challenging discharge, but Additional District Judge set aside discharge for lack of regular inquiry – Held, Rule 12.21 a...
Civil Procedure – Impleadment of Parties – Pending Litigation – Specific Performance – Defendant No.1 executed an agreement for sale of land – Defendant No.1 died and respondents No.1 to 3 were impleaded as legal representatives – Respondents No.1 to 3 sold entire land to respondents No.16 & 17 via two separate sale deeds – Respondents No.16 & 17 s...
Service Law – Termination Without Enquiry – Lecturer – Petitioner, a lecturer in Military Science, was terminated by the college management for alleged willful long absence from duty – Termination order passed without conducting a regular departmental enquiry – Management argued no enquiry needed as termination was during probation period – Held, termination sti...
Family Law – Pension – Co-widow's Entitlement – Appeal by co-widow claiming equal share of family pension after husband's death – Appellant married during first wife's lifetime – First wife predeceased husband – Trial court directed equal share of pension to both widows – Appellant entitled to complete family pension after first wife's deat...
Election Law – Limitation for Election Petitions – Application to dismiss election petition filed one day after the expiry of limitation period – Election results declared on 16.05.2014, 45-day limitation ended on 29.06.2014 during court vacation – Petition filed on 30.06.2014 – High Court held that election petition should have been filed within vacation period as co...
Land Law – Unauthorized Possession – Allotment Cancellation and Auction – Respondent's father allotted land, failed to pay balance allotment price – Allotment cancelled, fresh auction held, land sold – Respondent's writ petition led to status quo order – Appellants claimed land allotted to them during writ pendency – High Court holds allotment canc...
Service Law – Departmental Actions – Multiple Writ Petitions – Petitioner ASI challenges multiple adverse departmental actions including stoppage of increments, adverse ACR entries, non-promotion, and compulsory retirement – Departmental inquiry exonerated petitioner of bribery charges, but punishing authority disagreed and imposed penalties – High Court finds procedu...
Service Law – Selection Process – Essential Qualifications – Petition against Tribunal's order setting aside selection of petitioner for Tutor (Bio-Informatics) – Petitioner selected despite not meeting essential qualifications as per advertisement – Tribunal found petitioner did not have required qualifications and set aside selection – High Court held PGIM...
Family Law – Divorce by Mutual Consent – Lien Over Ancestral Property – Appellant and respondent obtained a decree of divorce by mutual consent – Appellant paid maintenance to respondent for herself and their minor daughter – Trial court issued directions that the daughter would retain a lien over ancestral property of the appellant and his father – Held, trial ...
Prospective Overruling – Doctrine of – Applicability – Supreme Court rejected the plea to apply the doctrine of prospective overruling to the decision in MADA v. Steel Authority of India, which overruled India Cement Ltd. v. State of Tamil Nadu – Held, MADA decision shall not operate prospectively, as applying it prospectively would invalidate legislation enacted by States ...