Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications Order XLI Rule 27 CPC | No Evidence Can Be Admitted Beyond Pleadings, And Additional Evidence Cannot Be Allowed Merely To Fill Lacunae: Jharkhand High Court Quashing | Mere Heated Exchanges Over Loan Repayment Do Not Constitute Abetment of Suicide: Supreme Court Prisoner Transfers Must Prioritize Security and Prevent Gang Violence: Supreme Court Restores Intra-State Transfer Order Jurisdiction Under Section 100 CPC Is Conditional Upon Framing Substantial Questions of Law: Supreme Court Panchayat Election | Punjab & Haryana High Court Upholds Bar on Judicial Review During Election Process Encroachment Allegation Requires Concrete Evidence, Not Mere Surmises: Bombay High Court Dismisses Plea for Disqualification of Sarpanch Order Denying Permission for Peaceful Protest Rally Set Aside: Calcutta High Court Prolonged Custody Alone Cannot Justify Bail In Cases Involving Heinous Crimes: Delhi High Court Body Shaming and Sexually Colored Remarks Are Unacceptable In A Civilized Society: Kerala High Court No Mandatory Injunction Where Failure to Prove Ownership and Possession: Punjab and Haryana High Court Supreme Court Dismisses Article 32 Petition Seeking Declaration of Bombay High Court Judgment as Illegal Specific Relief Act | Power to Extend Time Under Section 28 Is Discretionary and Must Be Exercised Prudently: Supreme Court

"CIVIL" Digest

Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appoint...

Facts: The appellant, Bharati Reddy, was elected to the post of Adhyaksha of Zilla Panchayat. A writ petition was filed before the High Court alleging that Reddy played fraud on the government by submitting a false affidavit for the issuance of an Income and Caste Certificate. Issues: Whether the High Court was justified in issuing a writ of quo warranto directing Reddy to vacate the office ...

Facts:The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.Issues:The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.Hel...

FACTS: The respondent-assessee, engaged in executing civil works contracts, sought guidance on the rate of tax applicable for the execution of civil works contracts under the KVAT Act. The AAR initially held that, since there was no specific entry providing for the rate of tax on works contracts up to March 31, 2006, tax on goods used in the execution of works contracts should be levied in acco...

Arbitration – Challenge to Arbitral Awards – Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 against arbitral awards in favor of respondents concerning wage arrears claims – Presidential Directives and Settlement Memoranda considered – Tribunal's mandate to adjudicate the quantum of arrears payable from 01.01.1997 to 31.12.2007 upheld &nda...

Property Dispute – Appointment of Advocate Commissioner – The petitioner filed a suit seeking a permanent injunction to restrain respondents from interfering with the possession of the suit property – Respondents claimed possession and existing constructions on the land, disputing the property description – During trial, respondents sought an Advocate Commissioner’s a...

Constitutional Law – Right to Education – Amendment to Maharashtra RTE Rules – Petitioners challenge the amendment excluding private unaided schools from admitting children from disadvantaged groups if government/aided schools are within 1 km – Contention that the amendment violates the RTE Act and Article 21-A of the Constitution – High Court examines the legislative...

Motor Vehicles Act, 1988 – Compensation Assessment – Appellant challenged the compensation awarded by the MACT for being excessive – High Court reviewed the computation of monthly income, considering evidence and minimum wages notification – Tribunal’s assessment of deceased’s income at Rs. 6000/- per month upheld – Adjusted compensation considering future...

Exemption from Fees – Market Fee vs. Rural Development Fee – Appeal against the denial of exemption from Rural Development Fee under the 2003 Industrial Policy – Respondent sought exemption, claiming similarity with other industries granted such benefits – High Court dismissed initial writ and subsequent modification application – Supreme Court finds both fees distinc...

Arbitration – Extension of Arbitrator’s Mandate – Application Filed Post-Termination – Consideration of Section 29-A of the Arbitration and Conciliation Act, 1996 – Court holds that it retains the power to extend the mandate even if the application is filed after the statutory timeline for expiry of the mandate – Rohan Builders (India) Pvt. Ltd. Vs. Berger Paint...