Criminal Procedure Code – Section 482 – Quashing of Criminal Proceedings – High Court quashed proceedings citing the requirement of sanction under Section 197 CrPC and delay in lodging the FIR – Supreme Court held that quashing was impermissible without a full trial – The aspect of delay and necessity for sanction should be considered during the trial, not in a petiti...
Military Engineering Service – Seniority Determination – Principles for adjudging seniority – Supreme Court held that for candidates selected in one and the same selection, the placement in the order of merit can be adopted as a principle for determining seniority – Where selections are held separately by different recruiting authorities, the principle of the initial date o...
Madhya Pradesh Shops and Establishments Act, 1958 – Applicability – Exemption for Non-Residential Clubs – The Supreme Court held that the provisions of the Madhya Pradesh Shops and Establishments Act, 1958, do not apply to non-residential clubs in view of the exemption under Section 3(j) – The term "club" includes associations of individuals with some degree of pe...
Industrial Disputes Act, 1947 – Section 9A – Change in Service Conditions – Supreme Court held that transferring workmen from Dewas to Chopanki, 900 kms away, violated Section 9A read with Fourth Schedule of the Industrial Disputes Act, 1947 – Such transfers were deemed arbitrary, mala fide, and amounted to victimization – The nature of work and service conditions wou...
Specific Relief Act, 1963 – Section 20 – Discretionary Relief – Supreme Court held that the High Court erred in denying specific performance on the grounds that it is a discretionary relief – Execution of agreement to sell, part sale consideration payment, and plaintiff's readiness and willingness to perform his part of the contract were established – Denying spec...
Constitutional Law – Right to Equality – Ex-employees of a Mill challenged the denial of plots by State instrumentalities – High Court held treating 318 ex-employees differently from 134 others who received free plots as violative of Article 14 – Emphasized vested right in claiming equality and parity enforceable under Article 226 [Paras 1-14].
Allotment of Quarters &nda...
Stamp Duty – Assessment and Recovery – Jurisdiction and Limitation – Petitioner filed writ petitions against the State for initiating recovery of deficient stamp duty on assignment deeds registered in 2016. Revenue authorities claimed the deeds were conveyance deeds and insufficiently stamped. Petitioner contended that action was barred by limitation under Section 47-A of the Ind...
Motor Vehicles Act – Compensation – Maintainability of Claim Petition by Mother-in-law – Mother-in-law was living with the deceased and his family – Held that mother-in-law is a legal representative under Section 166 of MV Act and entitled to maintain the claim petition – Dependency established sufficiently [Paras 10-21].
Compensation Calculation – Split Mult...
Administrative Service – Allocation of Cadre – Selected candidate's right to be considered for appointment to IAS but no right to choose cadre or home state – Allocation of cadre an incidence of service – High Court's directive to allocate respondent to Kerala cadre set aside – Consultation required with the state to which allocation is made, not with the cand...
Taxation – Nature and Character – Levy of water and sewerage taxes under Section 52 of the UP Water Supply and Sewerage Act – Levy labeled as water tax and sewerage tax – Supreme Court held that the nomenclature does not determine the nature of the levy – Taxes on lands and buildings within the meaning of Entry 49 List II of the Seventh Schedule – Taxes imposed ...