Matrimonial Law - DNA Test for Paternity – Application under Section 45 and 112 of the Indian Evidence Act – The petitioner sought a DNA test of the respondent’s children to challenge their paternity – The trial court dismissed the application, relying on statutory presumption of legitimacy under Section 112 of the Indian Evidence Act – Decision: The High Court upheld...
Scheduled Castes – Eligibility Criteria – Impact of Religious Conversion – Denial of Scheduled Caste Certificate Upheld - The appellant claimed entitlement to a Scheduled Caste community certificate on the basis that her father and paternal ancestors belonged to the Valluvan caste, recognized as a Scheduled Caste under the S.C. Order, 1964. However, evidence showed that the appel...
Judicial Independence – Financial Independence of Judges – Non-discrimination based on Source of Appointment – Held: High Court judges, irrespective of their recruitment source (Bar or judicial service), are entitled to uniform financial benefits to maintain judicial independence – Differentiation between judges based on their pre-appointment service violates Articles 14 an...
Condonation of Delay – Interlocutory Application filed for condonation of delay of 239 days in filing the appeal – Appellant claimed financial hardship prevented timely filing – Court found delay unintentional and condoned it [Paras 1-6].
Disciplinary Action – Dismissal from Service – Appellant dismissed for misappropriating funds from deceased/inoperative accounts...
Scope of Section 100 CPC – Interference in Second Appeal – Court reiterated that its jurisdiction in second appeal is limited to substantial questions of law and not errors in factual findings or re-appreciation of evidence – Decision: Appeal dismissed as the issues raised were factual and lacked a substantial question of law [Paras 16-19].
Interest on Claims –...
SARFAESI Act – Priority of Secured Creditor – Section 26E of SARFAESI Act – Charge Overridden – The petitioner bank, as a secured creditor, sold the mortgaged property of respondent no.3 through a public auction under the SARFAESI Act – The auction purchaser faced difficulties in registering the conveyance deed due to a charge recorded by the State of Gujarat for outs...
Service Law – Recruitment for Lecturer Posts – Advertisement Challenged – Advertisement by State Selection Board prescribing qualification of Master’s degree with 55% marks without NET/Ph.D. for Lecturer posts in Non-Government Aided Colleges – Held: Prescribed qualifications not in consonance with UGC Regulations (2018) or State Government Resolution (1999) which man...
Service Law – Correction of Date of Birth – Limitation – Central Administrative Tribunal Act – Respondent sought correction of date of birth from 01.06.1964 to 02.07.1964 after 23.5 years of service – Application rejected as per DoP&T Office Memorandum due to delay beyond five-year limit – Tribunal allowed application, altering retirement date by 32 days &nd...
Motor Accident – Liability of Insurer – Valid Driving License Established – The appellant/Insurance Company challenged its liability to indemnify the owner on the ground that the driver did not hold a valid driving license at the time of the accident – Held: Driver of the offending vehicle, Tilak Raj, had a valid driving license issued by the DTO Gurdaspur and endorsed by R...
Civil Procedure – Section 100 of CPC, 1908 – Second Appeal – Title dispute over land – Reversal of lower appellate court’s judgment by the High Court – Lower appellate court held that a mere suit for permanent injunction was not maintainable without a declaration of title, where the title was disputed – High Court held that the title of the plaintiff was s...