Service Law – Regularization of Service – Appointment on Casual Basis – Denial Upheld – Appellant appointed on a no-work-no-pay basis later absorbed in a regular pay scale as a temporary driver – Increment and allowances ceased in 2010 upon audit objections regarding irregular appointment – Court held: Appellant not appointed against a sanctioned post, no prior ...
Service Law - Recruitment Policy – Prescribing Qualifications – Role of Employer – Judicial Restraint – The determination of eligibility criteria, including minimum qualifications for a post, lies exclusively within the domain of the employer. Courts cannot interfere with recruitment policies or expand the ambit of prescribed qualifications through judicial interpretation. ...
Commercial Law – Additional Documents in Commercial Suit – Trial court allowed respondent’s application to bring additional documents on record under Order XI Rule 1(5) CPC – Petitioner challenged on grounds of procedural error and irrelevance of documents – High Court found procedural lapses in trial court’s order, noting lack of urgency and sufficient time to ...
Civil Law - Stay of Subsequent Suit – Application of Section 10 CPC – Doctrine of Res Sub Judice – The petitioners challenged the trial court's order staying the subsequent suit under Section 10 CPC, contending that the two suits were based on different causes of action and sought different reliefs – The Court held that the core issue in both suits pertained to the owne...
Civil Procedure Code – Territorial Jurisdiction – Specific Performance of Contract – Suit involving immovable property located outside the jurisdiction of Delhi High Court – Proviso to Section 16 CPC held inapplicable – Plaintiff required to file suit in appropriate jurisdiction – Supreme Court dismissed SLP and upheld High Court order returning plaint for prese...
Appointment of Commissioner – Importance in Property Disputes – Petitioners challenged the order of the trial court dismissing their application for deferring the suit trial until a decision on changing the surveyor was made – Court stressed the necessity of commissioner’s report for property identification – Emphasized the need for thorough hearing before proceeding ...
Lease Agreement – Renewal and Termination – The original lease agreement executed on 24 July 1961 was for a period of 20 years, with provisions for renewal for two additional terms of 10 years each. The lease term ended on 15 April 2001, and a termination notice was issued on 18 April 2001. The defendant's contention that the lease was permanent and not terminable was rejected. The...
Impleadment of Additional Defendants – Criteria – Plaintiff's failure to substantiate claims of proposed defendants' rights over the property – Mere information without supporting evidence insufficient – Impleadment application rightly dismissed by Munsiff's Court [Paras 2-4].
Removal of Advocate Commissioner – Grounds – Plaintiff’...
Impleadment of Parties – Necessary and Proper Parties – Petitioners challenged the impleadment of opposite party No. 14 in a partition suit, arguing the party had no direct interest in the suit after an order of amendment was passed – Trial Court allowed the addition of opposite party No. 14, finding their presence necessary for complete adjudication – High Court upheld the...
Service Law – Superannuation – Applicability of Revised AICTE/UGC Regulations – Appellant, Director at CSI Institute of Technology (CSIIT), contested his retirement at sixty years of age, citing amended AICTE/UGC regulations that raised the age of superannuation for teachers to sixty-five years – High Court dismissed his Writ Petition, affirming sixty years as the retiremen...