Service Law – Employment in Police Force – Criminal Antecedents – The Supreme Court held that a person acquitted of charges involving moral turpitude or where witnesses turn hostile does not automatically entitle them to employment in a disciplined force like CISF. The employer has the right to consider the nature of the acquittal and criminal antecedents under the guidelines iss...
Motor Accident Claims – Proof of Involvement – Sections 279, 337, 427, 304-A IPC – Held, the claimants failed to establish the involvement of the Scorpio vehicle in the accident – There was no corroborative evidence, such as a police final report, damage assessment, or reliable eyewitness testimony – The claim appears to have been staged to obtain compensation [Paras ...
Compassionate Appointment – Interpretation of Rule 5 – Suitable Post – The Supreme Court held that a dependent/applicant cannot seek appointment on a higher post than what was held by the deceased employee merely based on eligibility criteria. The Court emphasized that 'suitable post' under Rule 5 must be linked to the post held by the deceased employee, and the purpose o...
Electricity Dues – Limitation Period under Section 56 – Recovery and Disconnection – The Supreme Court held that the negligence on the part of the licensee leading to short billing initially, followed by rectification, does not fall under the negligence covered by Section 56(1). Consequently, claims made by the licensee after detecting their mistake may not fall within the prohib...
Locus Standi of Interested Party – Section 3(b) of Land Acquisition Act – The Supreme Court held that the appellant, Shrachi Burdwan Developers Private Limited, can be considered a 'person interested' under Section 3(b) if it is established that the appellant has a direct interest in the compensation awarded. The Court emphasized that the determination of 'person interested...
Misappropriation of Government Funds – Initiation of Criminal Proceedings – The Supreme Court addressed the High Court’s direction for criminal proceedings against officers and office bearers for misappropriation of funds under a housing scheme. The High Court had ordered steps to be taken based on reports of mismanagement and irregularities. The appellants contended that they we...
Declaration of Land as Forest Area – Validity of Revenue Entries – The Supreme Court held that entries in the revenue record without any supporting documents of creation of lease under the Forest Act are inconsequential and do not create any right, title, or interest over the land. The land vests in the Forest Department by virtue of notification published under the statute. The lessee...
Execution of Money Decree – Compliance with Order XXI Rule 64 – The Supreme Court held that Order XXI Rule 64 mandates the executing court to sell only as much property as is necessary to satisfy the decree. Failure to adhere to this requirement constitutes a jurisdictional error. The appellant's repeated objections to the method of execution and the inclusion of the entire propert...
Modification of Judgment – Miscellaneous Application – Appellant sought modification of the order for demolition of part of Tower T-17 – Court emphasized that such applications should not bypass procedures for review – Clarifications or modifications cannot serve as a backdoor for review – Reliefs sought amount to review and therefore not maintainable [Paras 1-88].
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Eviction on Admission – Order XII Rule 6 of CPC – High Court decreed eviction on admission based on the defendants' written statement – Defendants claimed ownership through an agreement to sell, but such agreement does not confer ownership – High Court correctly interpreted admissions regarding plaintiff’s ownership and defendant No.1's tenancy – Appeal ...