Civil Appeal - Landlord-Tenant Dispute - Termination of tenancy - Discrepancy in notice for termination of tenancy - Extent of land to be resumed to the landlord - Question of whether the landlord's holding exceeds one economic holding and the nature of the landlord's livelihood - Remand order by High Court - Special leave granted. [Para 1-17]
Land Tenancy Dispute – Interpretation...
Lok Adalat – Jurisdiction and Authority – Lok Adalat has jurisdiction only to determine and arrive at a compromise or settlement between the parties to a dispute – If no compromise or settlement is reached, the Lok Adalat must return the case to the referring court – Lok Adalat has no jurisdiction to decide the matter on merits in the absence of a settlement – Impugne...
Service Law – Re-appointment – Suitability – Appellant found respondent unsuitable for re-appointment, approved by other authorities – Appointment order lacked automatic extension provision – Explicit order requiring suitability for re-appointment considered – Court not expected to substitute its view – Respondent not entitled to extension or consequential...
Termination of Service – Delay and Laches – Late husband of the respondent, Rameshwar Lal, was terminated from service on 16.12.1996 – He appealed, but during pendency, he passed away in 2009 – Respondent filed a writ petition in 2012, 15 years post-termination and 13 years after he would have retired – High Court's Single Judge quashed termination and granted ben...
Hindu Marriage Act – Counterclaim – Section 23A permits the respondent in divorce, judicial separation, or restitution of conjugal rights proceedings to make a counterclaim for relief on the grounds of the petitioner’s adultery, cruelty, or desertion – Counterclaim can only include reliefs under Sections 9 to 13 of the Act – Reliefs against third parties or declaratio...
Civil Appeal – Challenge to arbitral award – Delay in execution of construction contract – Claim for loss of profit due to delay – Arbitrator awarded loss of profit – First award set aside by High Court – Second award for loss of profit maintained by Arbitrator – Challenge to second award – Whether the second award in conflict with the public policy ...
Government Accommodation – Retention by Retired Employees – Kashmiri Migrants – Supreme Court addresses the policy allowing retired government employees who are Kashmiri Migrants to retain government accommodation. The Court emphasizes that such occupation should not exceed three years post-retirement. It rules that indefinite retention is not justified and stresses the importanc...
Judicial Delay – Article 142 of the Constitution of India - Demonstrates the impact of judicial delays, compelling the Supreme Court to invoke its Extraordinary Jurisdiction under Article 142 of the Constitution of India to arrive at a resolution. [Para 3]
Labor Law – Unfair Labour Practices – Reinstatement and Back Wages - Outlines the order of dismissal against the first res...
Wills – Validity and Suspicious Circumstances – The Supreme Court underscores that mere exclusion of a beneficiary’s siblings from a will does not inherently create suspicion unless other circumstances support such an inference. The Court affirmed the validity of Exhibit P4, a registered will, properly executed and attested by the beneficiary’s siblings, dismissing concerns...
Regularization of Part-Time Employees – Entitlement and Policy – Part-time employees cannot claim regularization or permanent status as they are not working against sanctioned posts. The Supreme Court reiterates that regularization can only occur as per the State/Government's regularization policy and not as a matter of right. The High Court's direction to create and sanction p...