Civil Procedure – Will – Suspicious Circumstances – The Court held that it is not appropriate to permit a party to challenge the devolution of property by natural succession when a Will has been duly proved and established, merely based on suspicious circumstances, without proper pleadings and evidence. The party wishing to assail the correctness of the registered Will must lay a...
Land Grabbing – Title and Possession – Union of India claimed possession over land from 1958 – Respondents challenged under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – Tribunal found in favor of respondents based on previous suit findings – Supreme Court held the title to the land validly transferred to Union of India by Government Grants Act, 1895 and Sect...
Service Law – Selection – Post of Police Constable – Involvement in Criminal Cases – High Court's lenient approach towards youth involved in petty crimes criticized – Supreme Court emphasizes that generalizations leading to condoning misconduct should not influence judicial verdicts – Importance of maintaining public confidence in the police force highlighte...
Encroachment – Jurisdiction – Show Cause Notices – Appellants challenged the show cause notices issued under the Tamil Nadu State Highway Act, 2001 – Contended that the authority under the State Act did not have jurisdiction post enactment of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – Supreme Court h...
Arbitration – Bank Guarantee – Refusal to Accept – High Court refused to accept irrevocable Bank Guarantee of Rs. 30 Crores issued by ICBC, a Scheduled Bank included in the Second Schedule of the Reserve Bank of India Act – High Court insisted on a fresh Bank Guarantee from a "Scheduled Indian Bank" – Supreme Court held that the High Court erred in its direc...
Habeas Corpus – Illegal Detention – Filing of Detailed Reply – The Court held that when material regarding the arrest and detention of the detenue is already before the Court, filing a detailed reply to the habeas corpus petition is not required. Granting an adjournment for filing a detailed reply may defeat the purpose of the habeas corpus petition, which concerns the serious is...
Insurance – Fire Insurance Claim – Surveyor's Report vs. Investigation Report – Appellant (insurer) challenged the NCDRC's reliance on the surveyor's report for assessing the fire loss – Supreme Court held that while the surveyor's report is not sacrosanct, it can be relied upon if it inspires confidence and is not contradicted by more reliable evidence &nda...
Service Law – Appointment Eligibility – The appellants were candidates for the post of High School Assistants (Natural Science) in Kerala. The Kerala Public Service Commission (KPSC) disputed the eligibility of their B.Ed degrees, which were in Biological Science, for meeting the required subject criteria. The appellants produced Government Orders (GOs) confirming their degrees as equi...
Rented Land – Use as Club Pavilion – The definition of "rented land" under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act 1973 includes land used for business purposes, which need not be commercial. The term "business" encompasses charitable activities or those in the interest of the public. Therefore, using land for a club pavilion falls withi...
Regularization of Ad hoc Appointments – The appellant, a music teacher appointed in a leave vacancy, sought regularization under the Uttar Pradesh Secondary Education Department Regularization of Ad hoc Appointments on the Post of Trained Graduate Teachers Rules 2001. The High Court had denied her regularization, declaring her appointment illegal as it was against a leave vacancy, and not pe...