Negotiable Instruments Act - Legally Enforceable Liability – Appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881 – Cheques issued for work not executed – Cheque not against legally enforceable debt – Acquittal by Trial Court upheld – Appeal dismissed. [Paras 1-16]
Burden of Proof – Analysis – Burden on appellant-...
Land Acquisition – Reservation Lapse – Statutory Timelines – Land reserved in Development Plan for playground in 2002 – No acquisition within ten years – Landowner issued purchase notice under Section 127 in 2016 – High Court declared reservation lapsed but granted one additional year for acquisition – Supreme Court holds additional period not contemplated...
Service Law – Suspension and Pay Allowances: Respondents were under suspension during disciplinary proceedings which did not result in their complete exoneration. Consequently, they fall outside the scope of Rule 54(2) of the Rajasthan Civil Services Rules, 1958. Supreme Court determines that exact pay and allowances should be less than full pay, but remitting the matter back would be inequi...
Civil Procedure – Rejection of Plaint: The plaintiff initially approached the Revenue Authority/Tehsildar, who rejected the application under Section 250 of MPLRC for lack of jurisdiction over title disputes. Upon filing a civil suit, the defendants took a contrary stance, leading to the rejection of the plaint by the High Court under Order 7 Rule 11 CPC, citing Section 257 MPLRC. Supreme Co...
Specific Relief – Agreement to Sell – Loan/Security Document: The appellants challenged the judgment of the High Court affirming the first appellate court's decree for specific performance of an agreement to sell dated 11.02.2004, contending that the agreement was actually a loan/security document. Supreme Court observes that merely because the agreement mentioned that the sale pro...
Service Law – Disciplinary Proceedings – Doctrine of Equality: The respondent, a Junior Engineer, faced disciplinary action for financial irregularities. The Enquiry Officer and the Disciplinary Authority found the charges proved. The Tribunal and High Court quashed the punishment by applying the Doctrine of Equality, noting that other officers involved were exonerated. Supreme Court h...
Land Acquisition – Lapse of Acquisitions – High Court erred in holding that acquisitions had lapsed under Section 24(2) of the 2013 Act – Trend of landowners seeking lapse based on interim orders of stay, resulting in delayed awards and compensation – High Court should consider interim orders' impact before applying Section 24(2) – Matter remanded for fresh determ...
Court Fees – Suit for Damages – High Court erred in holding that the respondent could pay court fees on a tentative amount, directing him to pay ad valorem court fees on the claimed amount of Rs. 20 lakhs – Supreme Court held that suits for damages or compensation falling under Section 7(i) of the Court Fees Act require payment of court fees according to the amount claimed &ndash...
One Rank One Pension – Implementation and Disparities – Petitioners challenged the deviation from the original definition of OROP, arguing the shift from automatic revision to periodic revision every five years created disparities among pensioners of the same rank – Supreme Court held the policy decision to revise pensions every five years was within the scope of policy choices a...
Judicial Service - Eligibility Criteria – Petition seeking relaxation of Rule 11(1)(bb) of the Haryana Superior Judicial Services Rules, 2007 – Petitioner working as Assistant District Attorney, unable to fulfill requirement of independent engagement and conducting of cases – Held, Rule requires practical court experience and cannot be relaxed – Petition dismissed. [Paras 1...