Public Trusts – Misappropriation of Government Properties – Inquiry through Economic Offences Wing: The Supreme Court held that there was no warrant to direct an inquiry through the Economic Offences Wing of the State Government as there was no finding of mens rea on the part of the trustees. The High Court did not record any finding based on material that the alienation made by t...
Forest (Conservation) Act, 1980 – Definition of Forest Land – Section 2: The Supreme Court held that land covered by a special order issued under Section 4 of the PLPA can be classified as forest land within the meaning of the Forest (Conservation) Act, 1980. The object of the Forest Act is to provide for the conservation of forests and matters connected therewith. The Act applies...
Medical Termination of Pregnancy – Unmarried Women – Legal Interpretation – Section 3(2)(b) of the MTP Act: The Supreme Court held that the exclusion of unmarried women from the ambit of Rule 3B of the MTP Rules is violative of Article 14 of the Constitution. The Court emphasized a purposive interpretation of the term "change of marital status" under Rule 3B to inc...
Land Acquisition – Fraud on Power – Section 4 Notification: The Supreme Court held that the decision of the State of Haryana to withdraw from the land acquisition after the notification under Section 4 was a fraud on power. The judgment invalidated all transfers effected from the date of publication of the notification under Section 4 to the date of the State's decision to rev...
Rights of Migrant Labourers – Registration and Welfare Schemes – Article 21: The Supreme Court directed the Central Government to develop a portal in consultation with the National Informatics Centre (NIC) for the registration of unorganized labourers/migrant workers. It emphasized the necessity of completing the registration process under the National Database for Unorganised Wor...
Civil Procedure – Substitution of Legal Representatives – Appellant's application for substitution as legal representative of his deceased mother was rejected by the Trial Court and affirmed by the High Court – Appellant contended he was entitled to be substituted based on a registered Will – Supreme Court held that the appellant's entitlement as a legal heir could ...
Arbitration – Appointment of Arbitrator – Disputes between IOCL and NCC Ltd. – High Court appointed arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 – Supreme Court examined the scope of court’s jurisdiction under Section 11, focusing on whether certain disputes fall within “excepted matters” as per the contract – Held that ...
Hindu Law – Suit for Partition – Succession opened in 1948 before the Hindu Succession Act, 1956 – Daughter born posthumously has no right to the joint family property as per prevailing law prior to 1956 – Adoption of a son by the widow relates back to the time of the death of the adoptive father, rendering the adopted son as the sole heir, divesting the daughter's righ...
Property Ownership Dispute – Will of Mahant Narsingh Dass – Bequeathing property to Chela Har Narain and Chela Budh Ram – Chela Budh Ram's subsequent agreement relinquishing rights, challenged in court. [Paras 1-8, 66-68, 70-77]
Validity of Compromise/Relinquishment Deed – Compromise Deed executed by Chela Budh Ram favoring Chela Har Narain – Deed on ...
Army Law – Disability Pension – Administrative Discharge – Respondent discharged on administrative grounds under Rule 13(3) III(v) of Army Rules, 1954, not on medical grounds – Claim for disability pension filed 20 years after discharge not entertained – Tribunal erred in ordering Review Medical Board to assess disability [Paras 1-27].
Entitlement Rules &...