Service Law – Age Relaxation – Recruitment – Appeal against High Court's direction for age relaxation under Uttar Pradesh Public Services (Relaxation of the Age Limits for Recruitment) Rules, 1992 – Respondent sought age relaxation for appointment as Mukhya Sevika – High Court's decision overturned by Supreme Court – State's uniform application of ag...
Service Law – Compassionate Appointment – Rule 5(1) – Appeal against High Court's order for reconsideration of respondent’s appointment to a Class IV post after failing typing test – Respondent appointed to Class III post on compassionate grounds but did not meet typing speed requirement – Termination upheld as per 2014 Rules – Compassionate appointmen...
Civil Procedure – Bar of Jurisdiction – Section 71 and Section 177 of Maharashtra Housing and Area Development Act, 1976 – Appeal against High Court’s decision that suit for mandatory and prohibitory injunctions is barred by Sections 71 and 177 of the Act – Trial court and appellate court held suit maintainable, High Court reversed findings – Supreme Court holds...
Insolvency Law – Admission of Application – Section 7 IBC – Appeal against NCLAT’s order allowing Corporate Debtor’s appeal and setting aside NCLT’s order admitting Section 7 application – Financial Creditor’s claim rejected without notifying proposal for closure – Supreme Court finds non-compliance with Section 7(5)(b) which mandates notice to...
Transfer of Matrimonial Case – Convenience of Wife – Appellant sought transfer of the matrimonial case filed by her husband from Etah to Mathura citing her inability to travel, financial dependence, and allegations of threats – Supreme Court reiterated that in matrimonial matters, the convenience of the wife is of paramount importance – Appeal allowed, case transferred [Par...
Service Tax – Sale of Software – The Supreme Court held that once a lumpsum has been charged for the sale of a CD containing antivirus software and sales tax has been paid, the Department cannot levy service tax on the entire sale consideration on the ground that updates are provided – The Court emphasized that the transaction in question amounted to the transfer of the right to ...
Industrial Disputes – Recovery of Wages – The Supreme Court held that the High Court erred in not discussing the merits of the Labour Court’s order dismissing the application under Section 33(C)(2) of the Industrial Disputes Act, 1947 – Emphasized the necessity for the High Court to provide specific findings on the Labour Court's order – The case was remitted back...
Promotion on the post of Assistant Engineer (Civil) in the U.P. Public Works Department under the Uttar Pradesh Public Works Department "Group-B" Civil Engineering Service Rules, 2004 - Controversy regarding promotion of Junior Engineers (Technical) to the post of Assistant Engineer (Civil) under the 50% promotion quota as per the Rules, 2004 - Eligibility and procedure for promotion as ...
Limitation Act – Effect of Acknowledgment in Writing – The Supreme Court held that Section 18 of the Limitation Act, 1963, stipulates that if an acknowledgment of liability in writing is made before the expiration of the prescribed period, a fresh period of limitation shall be computed from the time the acknowledgment was signed – The Court emphasized that an acknowledgment must ...
Service Law – Reinstatement – The Supreme Court noted that the original writ petitioner, Sandeep Kaushik, would be approximately 49 years of age, and the retirement age for drivers is 55 years – Given the changes in circumstances and that the original petitioner would need to clear a driving test, the Court held that actual appointment was not feasible – Directed the paymen...