Disciplinary Proceedings – Compulsory Retirement – Appellant bank challenged the decision of the Single Judge, which had set aside the disciplinary proceedings against the respondent – Charges included tardy action and unauthorized loan sanctioning – Inquiry officer found most charges proved except charge no. 23 – Single Judge remanded the proceedings for reconsiderat...
Arbitration Tribunal Jurisdiction – Sub-Contractors – Whether a Sub-Contractor is a “Party” under Section 2(g) of the Bihar Public Work Contract Disputes Arbitration Tribunal Act, 2008 – Petitioners challenged the Tribunal's order rejecting their application on grounds of non-maintainability, claiming they are a party under the Act as Sub-Contractor/Executor [Para...
Amendment of Written Statement – Order VI Rule 17 CPC – Petitioner sought to amend the written statement to include new facts and explanations regarding the execution of the Agreement to Sell (ATS) – Trial Court dismissed the amendment application, noting the completion of pleadings and advanced stage of trial – High Court upheld Trial Court's decision, citing the propo...
Temple Administration – Election of Managing Committee – Functus Officio Doctrine – Orders Modified - The appellants challenged the High Court's decision to remove the elected Executive Committee and appoint an unelected committee. The Supreme Court held that the High Court became functus officio after disposing of the original RFA and lacked jurisdiction to entertain subsequ...
Land Revenue – Mutation Proceedings – Jurisdiction of Revenue Authorities – The petition challenged the mutation of respondents' names in revenue records based on a will purportedly executed by Late Smt. Pyari Bai – Held: Revenue authorities lack the jurisdiction to adjudicate the genuineness of wills in mutation proceedings – Mutation orders based on unverified w...
Matrimonial Law - Divorce - Cruelty – False Allegations and Prolonged Harassment – Divorce Granted – The appellant-husband alleged that the respondent-wife engaged in false criminal complaints, harassment at his workplace, and multiple accusations involving his family members. The allegations were corroborated through evidence, including cross-examinations and documentary proof, ...
Land Law – Mutation Entry – Allegation of Fraud – The petitioners challenged orders that set aside Mutation No. 4072, dated 30.03.2006, claiming it was entered without their signatures and alleging fraud by the respondents in connivance with revenue officials. The court remanded the case to the Commissioner, Patiala Division, for fresh adjudication, emphasizing that procedural fa...
Maintainability of Public Interest Petition – Parallel Civil Litigation – Petitioners filed a PIL alleging encroachment of a historic public road while disputes over the same subject were pending in civil courts – Decision: PIL dismissed as the matter pertains to private rights and cannot be entertained under public interest jurisdiction [Paras 15-17].
Public Interes...
Civil Procedure – Grant of Leave Under Section 92 CPC – Judicial or Administrative Order – The petitioners challenged the grant of leave by the Principal District Judge for filing a suit under Section 92 of CPC, arguing that the respondents failed to demonstrate sufficient interest in the trust – Held: The court examined the nature of orders under Section 92 CPC and held th...
Service Law - Liberalised Family Pension – Classification of Death – Army Order 1 of 2003 – Appeal Dismissed - The respondent sought Liberalised Family Pension after her husband's death, initially classified as a 'battle casualty' but later changed to 'physical casualty.' The Tribunal found the death occurred due to extreme climatic conditions during Operation...