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...
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, ...
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...
Income Tax – Exemption – Assessee, a charitable trust, transferred Rs. 20 crores of accumulated income to its Trust Fund Account and used it to make corpus donations to other charitable trusts – Assessing Officer (AO) denied exemption on this amount, treating it as deemed income under Sections 11(3)(c) and 11(3)(d) – ITAT allowed exemption under Section 11(1) for 15% of dee...
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...
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...
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...
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...
Judicial Orders of Civil Courts – Maintainability of Writ Petition – Article 226 and Article 227 of the Constitution – A writ petition under Article 226 challenging an interlocutory order of a civil court was filed – The petitioner sought quashing of an order rejecting an application under Order I Rule 10 CPC – Supreme Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SC...
Family Law – Transfer of Matrimonial Proceedings – Petitioner-wife sought transfer of husband's divorce petition for convenience and effective prosecution – Related criminal and maintenance cases filed by wife pending in Raibag – Respondent-husband opposed citing inconvenience due to work location – Court ordered transfer considering wife's existing cases and ...