Service Law – Regularization of Appointment – Doctrine of Legitimate Expectation – Denial of Confirmation in Lien Vacancy – High Court's Dismissal Reversed – Challenge to the High Court’s decision upholding the resolution of the Executive Council of Tripura University not to confirm the appellant in the post of Assistant Professor in Law despite the vacation...
Execution of Consent Decree – Transfer of Property – Petitioners sought enforcement of a consent decree involving transfer of office space and alleged improper compliance by respondents – Property transferred for Rs. 1001/- when valued over 2 crores – Tax liability on transfer under Section 50-C of the Income Tax Act disputed – Court found respondents failed...
Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their right...
Land Acquisition – Lapse of Proceedings – Acquisition for public purpose (planned development of Delhi) – Possession taken in 2005 but compensation not paid – High Court declared acquisition lapsed under Section 24(2) of the Act, 2013 – Supreme Court overturned this decision, citing the Constitution Bench judgment in Indore Development Authority v. Manoharlal and Ors....
Seniority – Fixation of Seniority – Petitioners challenged the seniority list published by the Department of Revenue and Forest – Contention that the date of appointment should be considered after the successful completion of training and not from the date of joining training – Held, the seniority should be counted from the date of joining training as per the 2015 Rules, wh...
Divorce by Mutual Consent – Right to Sue – Appellants’ Claim: Issue regarding whether the right to sue for divorce by mutual consent survives to the legal heirs of the deceased husband when he dies before the second motion is moved. The Family Court’s decision denying the legal heirs’ request to continue the proceedings and directing the return of money paid unde...
Service Law – Termination – Acquittal in Criminal Case – Petitioner, an Anganwadi Worker, terminated without enquiry due to ACB case pendency – Court held termination illegal post-acquittal in criminal case, emphasizing principle of “innocent until proven guilty” – Mere pendency of criminal proceedings insufficient for termination without due enquiry [Para...
Reservation Law – Horizontal Reservation and Unreserved Category – Misapplication of Reservation Rules for MBBS Admission – Challenge in Supreme Court – The appellants, who were meritorious reserved category students, challenged the allocation of MBBS seats in the Unreserved Category Government School (UR-GS) quota in Madhya Pradesh. The State had sub-classified the GS quot...
Hindu Marriage – Ceremonial Requirements – Appellant's suit for annulment of marriage under Section 12 of the Act, 1955 dismissed; respondent's suit for restitution of conjugal rights decreed – Appeal contends no valid marriage as per Hindu rites and customs – Trial court found documentary evidence reliable, but ignored inconsistencies and lack of proper ceremony &n...
Property Law – Validity of Sale Deed – Execution and registration of sale deed in 1985, presented for registration the same year but registered in 2011 – Defendant did not specifically deny execution or receipt of consideration – High Court erred in invalidating the sale deed on grounds of delay and minor’s involvement – Presumption of correctness of registered ...