Or. 6 Rule 17 CPC | A Suit Cannot be Converted into a Fresh Litigation – Amendment Cannot Introduce a New Cause of Action: Andhra Pradesh High Court Government Cannot Withhold Retirement Without Formal Rejection Before Notice Period Expires: Delhi High Court Drug Offences Threaten Society, Courts Must Show Zero Tolerance : Meghalaya High Court Refuses Bail Under Section 37 NDPS Act Bail Cannot Be Denied Merely Due to Serious Allegations, Unless Justified by Law: Kerala High Court When Law Prescribes a Limitation, Courts Cannot Ignore It: Supreme Court Quashes Time-Barred Prosecution Under Drugs and Cosmetics Act Issuing Notices to a Non-Existent Entity is a Substantive Illegality, Not a Mere Procedural Lapse: Bombay High Court Quashes Income Tax Reassessment Notices Termination Without Verifying Evidence is Legally Unsustainable: Allahabad High Court Reinstates Government Counsel Luxury for One Cannot Mean Struggle for the Other - Husband’s True Income Cannot Be Suppressed to Deny Fair Maintenance: Calcutta High Court Penalty Proceedings Must Be Initiated and Concluded Within The Prescribed Timeline Under Section 275(1)(C): Karnataka High Court Upholds ITAT Order" Landlord Entitled to Recovery of Possession, Arrears of Rent, and Damages for Unauthorized Occupation: Madras High Court

"CIVIL" Digest

  Senior Citizens Act, 2007 - Section 23(1) - Constitutional validity - Challenge to the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section restricts the applicability of the provision only to gifts of property made by a senior citizen after the commencement of the Act - Petitioner seeks removal or striking down of the...

Mines and Minerals – Sale of Iron Ore – The Supreme Court granted permission to the applicants to sell the already excavated iron ore stock-pile at various mines and stock yards located in the Districts of Bellary, Tumkur, and Chitradurga in the State of Karnataka without having to resort to the process of e-auction. Permission was also granted to the applicants to enter into direct co...

Appeal for Divorce Decree – Non-consummation and Mental Cruelty – Appellant's plea for divorce based on allegations of non-consummation of marriage and mental cruelty by the respondent, including refusal of physical intimacy since the marriage date (12.7.2006) until appellant's departure to the USA. [Paras 3, 16, 17, 19, 21]   Respondent’s Non-Appearance and Al...

Retirement Age – Revision of Pension – High Court held that the appellant was wrongfully retired at 58 instead of 60 – High Court denied salary/back wages for extra two years due to delay in approaching – High Court ordered revised pension payable from January 1, 2020 – Supreme Court modified this, holding denial of arrears of pension unjustified – Appellant ent...

Land Acquisition – Deemed Lapse – High Court held acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – Supreme Court reversed High Court’s decision – Clarified Section 24(2) applies only when authorities fail to take possession and pay compensation for five years or more – Compensation deposited in treasury vali...

Pay Fixation – Re-employment – High Court held that respondent, a retired Major, should have his basic pay fixed at par with his last drawn pay in the Armed Forces upon re-appointment in the Central Reserve Police Force – Supreme Court reversed this decision – Clarified that Para 8 of the CCS Order does not grant entitlement to pay protection based on last drawn pay –...

Custody of Minor – Guardianship Dispute – Appeal against the order of First Additional District Judge, Waraseoni, rejecting the application for custody of the minor son under Section 25 of Guardians and Wards Act, 1890 – Trial court's decision based on the welfare of the child, considering the conduct of the appellant and the ability of maternal grandparents to provide care. ...

Pension Scheme – Applicability – High Court held that respondent, the widow of a deceased employee, was entitled to family pension under the Old Pension Rules – Supreme Court reversed this decision – Clarified that employees appointed or absorbed after 31.08.2005 are governed by the New Contributory Pension Scheme, which does not provide for pension/family pension – A...

Review Petition - Maintainability - Parties - Impleadment of parties - Whether the review petitioners were necessary parties before the writ court or the appellate court - Validity of office communication challenged in writ petitions - No challenge to seniority list or rights of specific incumbents - Private persons voluntarily impleaded themselves as respondents - Sufficient representation - Revi...

Compassionate Appointment – Applicability of Rules – High Court dismissed appellant’s plea for appointment under 1990 Rules, directing consideration under 2020 Rules – Supreme Court reversed this decision – Clarified that in the peculiar facts and circumstances, appellant entitled to appointment under 1990 Rules prevailing at the time of the father's death and ini...