Service Law – ACP Scheme – Stepping Up of Pay – The case involved a pay anomaly where juniors were drawing higher pay due to upgradation under the ACP Scheme – Supreme Court upheld the High Court's direction to step up the pay of seniors to match that of their juniors to remove the anomaly – The principle under Fundamental Rule (FR) 22 allows for such adjustments ...
Recruitment – Shortlisting Criteria – Minimum Qualifying Marks – The imposition of minimum qualifying marks for interviews by the Goa Public Service Commission without specific authorization under the Rules is invalid – The selection process should be governed by the aggregate marks obtained in written exams and interviews as per Rule 12 of the Goa Civil Service Rules, 2016...
Land Acquisition – Compensation – Market Value – Small plots/parcels of land cannot offer the same market value as large tracts of land – Sale instances of small plots are generally not comparable to large extents of land for determining compensation – The High Court erred in using small plot sale instances to determine compensation for a large area [Paras 1-22].
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Service Law - Pension eligibility – Writ petitioner appointed as Daily Wage Mazdoor and later as Ex-Cadre Assistant – Retired after over 25 years of service – Denied pension on the grounds of insufficient service period – Single Judge directed consideration of service period and grant of pension – Appellant challenged the order – Appellant contended that the pet...
Right to Property – Article 300-A – Forcible Dispossession – The right to property is no longer a fundamental right but remains a constitutional right under Article 300-A – Forcible dispossession without following due process of law violates human rights and constitutional rights – The State's actions in dispossessing the appellants without legal authority were he...
Academic Policy – Judicial Review – The petition under Article 32 challenges the cut-off date for internship completion for NEET-PG 2022 as set by the National Board of Examination – The Supreme Court held that such matters lie within the policy domain of academic and regulatory authorities and are generally not open to judicial review unless shown to be arbitrary or discriminato...
Defamation - Cause of action - Disclosure in plaint - Rejection of plaint - Application under Order 7 Rule 11 of CPC - Defendant-petitioner filed application seeking rejection of plaint on the ground of lack of cause of action - Plaintiff-respondent alleged defamation and false complaints - Plaint did not disclose specific defamatory statements or provide details of alleged complaints - Court held...
Amalgamation – Validity of Assessment Orders – Assessment order issued against Mahagun Realtors (P) Ltd. (MRPL) post-amalgamation with Mahagun India Private Limited (MIPL) – Revenue's contention that defects are curable under Section 292B – Supreme Court holds that issuance of assessment order in the name of a non-existent entity is a substantive illegality and not a pr...
Service Law – Suppression of Information – Respondent concealed involvement in a criminal case while filling the verification roll – Supreme Court finds suppression of material information constitutes a serious misconduct justifying removal from service – High Court’s interference with quantum of punishment held unjustified [Paras 1-17].
Article 226 &ndas...
Hindu Adoptions and Maintenance Act, 1956 - Section 12 - Interpretation of proviso (b) - Effect of adoption on coparcenary rights - Whether an adopted child severs all ties with the family of birth and becomes a coparcener of the adoptive family - Whether the property already vested in the child in the family of birth is saved upon adoption - Distinction between the unspecified coparcenary interes...