Disciplinary Proceedings – Recovery Order – High Court set aside the punishment order due to non-compliance with principles of natural justice – Charge of causing loss of Rs. 246,922.56 proved by Enquiry Officer – Supreme Court holds High Court should have maintained recovery order as the charge was proven – Punishment for recovery maintained – Respondent’...
Service Law – Pay Scale – Upgradation vs. Promotion – Respondents claimed higher pay scales on completion of service milestones without promotion – Upgradation of posts merely provided financial benefit without changing duties – Supreme Court holds that claim based on office order for next higher pay scale without assuming higher responsibilities is misconceived &ndas...
Service Law – Appointment – Two candidates recommended for a single post – Initial appointee pursuant to High Court's order – Subsequent recommendation for another candidate – High Court erred in directing appointment of second candidate without affecting initial appointee – Two persons cannot be appointed to a single post – High Court’s order se...
Urban Land (Ceiling and Regulation) Act – Repeal Act – Possession of surplus land – High Court set aside proceedings on ground of non-payment of compensation – Supreme Court finds High Court erred in not considering possession status – Payment of compensation and possession are distinct – Remands case for detailed consideration of possession status [Paras 4.3-4....
Land Acquisition – Urgency Clause – Section 17(4) of the Land Acquisition Act – Challenge to the invocation of urgency clause and dispensing with the hearing under Section 5A – Supreme Court holds that bare assertions by the State are insufficient – Existence of exceptional circumstances justifying urgency must be proven – High Court’s dismissal of writ pe...
Land Acquisition – Market Value – Compensation – High Court determined compensation at Rs. 7100 per acre based on a sale deed from 1980 – Appellants sought compensation of Rs. 15,402 per acre as per a Reference Court’s judgment in a similar case for land in the same village – Supreme Court holds that compensation should be consistent with the Reference Court&rsq...
Insolvency and Bankruptcy – Residuary Jurisdiction – Section 60(5)(c) of IBC – NCLT's jurisdiction does not extend to disputes arising dehors the insolvency of the Corporate Debtor – Contractual disputes unrelated to insolvency cannot be adjudicated under Section 60(5)(c) – Termination of contract by TCS based on material breaches, not insolvency – NCLT and ...
Rights of Persons with Disabilities – Compensatory Time – Appellant diagnosed with Dysgraphia entitled to compensatory time under Guidelines for Written Examinations – Examination center failed to provide additional hour – Supreme Court holds National Testing Agency (NTA) responsible for ensuring compliance with guidelines – High Court’s judgment set aside &ndas...
Civil Procedure – Jurisdiction of Civil Courts – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Senior citizen mother filed a civil suit for eviction of her son from her property – Appeal questioned the jurisdiction of Civil Courts, citing exclusive jurisdiction of the Tribunal under the 2007 Act – Court held that the jurisdiction of Civil Courts i...
Transfer of Property – Sale Deed – Joint Possession – Appellant claimed that the sale deeds executed by his brother Sudarshan Kumar under a power of attorney were void as no consideration was paid – Supreme Court holds that the sale of immovable property without consideration is void under Section 54 of the Transfer of Property Act – Sale deeds to Sudarshan Kumar&rsqu...