Constitutional Law – Declaration of Municipal Board – High Court set aside notification for Gram Panchayat Roopbas declaring it as a Municipal Board due to lack of a public notification under Article 243Q(2) of the Constitution – Supreme Court held the High Court misinterpreted the scheme of Part IXA and Article 243Q – The Constitutional Amendment does not diminish the legi...
Financial Law – One Time Settlement (OTS) – Extension of Time – Section 13(2) SARFAESI Act – Article 226 Constitution of India – Petitioner sought extension for payment of balance OTS amount – Respondent-Bank refused extension citing non-discretionary nature of OTS scheme – Held: High Court has jurisdiction to extend OTS period in equitable jurisdiction un...
Reservation Law – Interchangeability of Vacancies – High Court dismissed writ petition challenging non-interchangeability of unfilled SC/ST vacancies to OBC – Petitioners argued based on Policy letter No. 17246 allowing such interchangeability – High Court dismissed the petition based on government's decision to re-advertise unfilled posts – Supreme Court upheld t...
Succession Law – Revocation of Letters of Administration – Grant of Letters of Administration under a Will deed challenged for not citing all legal heirs – Section 263 states just cause for revocation includes defective proceedings and grants made without citing necessary parties – High Court revoked the grant on this basis – Supreme Court upheld the decision, finding...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal – Family Court dismissed husband's petition for nullity and divorce – Husband alleged cruelty and desertion – Court finds marriage irretrievably broken – Parties living separately for over 10 years – Continuous separation presumed as broken marriage – Appellant's petition under Secti...
Compassionate Appointment - Maintenance of In-Laws – Petition under Article 226 challenging order to pay 25% of gross salary as maintenance – Petitioner granted compassionate appointment as Lady Constable upon undertaking to maintain her deceased husband's parents – Petitioner remarried and contested maintenance obligation citing personal financial responsibilities – He...
Service Law – ACP and MACP Benefits – DDA employees claimed ACP benefits upon completing 24 years of service before MACP introduction – High Court applied MACP from 01-01-2006 – Supreme Court ruled MACP effective from 01-09-2008 as per executive decision, not 01-01-2006 – Eligibility for ACP benefits before MACP introduction does not create vested rights [Paras 1-37]....
Service Law – Promotion and Vacancies – Mere existence of a vacancy does not create a right to retrospective promotion – Promotions must follow the selection process as prescribed by rules – High Court's decision to grant retrospective promotions to respondents erroneous – Clear and specific rules govern promotions, which must be adhered to strictly [Paras 1-20].
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Service Law - Cut-off Date for Eligibility - Appeals – Haryana Civil Service (Executive Branch) – Eligibility determined based on 01.11.2018 as cut-off date – Single Bench's interpretation extending cut-off date to 12.07.2019 found incorrect – Rule 9(1)(a)(iii) clearly specifies eligibility based on age and service requirements as of 01.11.2018 – Decision upheld, ...
Criminal Procedure – Abatement of Appeal – Appellant convicted under Section 302 IPC for murder – High Court confirmed conviction – Appellant died after 12 years in jail – Section 394 CrPC mandates appeal abates on appellant's death unless a near relative applies to continue the appeal within 30 days – No application by near relative filed in this case [Para...