Court Fees – Suit for Damages – High Court erred in holding that the respondent could pay court fees on a tentative amount, directing him to pay ad valorem court fees on the claimed amount of Rs. 20 lakhs – Supreme Court held that suits for damages or compensation falling under Section 7(i) of the Court Fees Act require payment of court fees according to the amount claimed &ndash...
One Rank One Pension – Implementation and Disparities – Petitioners challenged the deviation from the original definition of OROP, arguing the shift from automatic revision to periodic revision every five years created disparities among pensioners of the same rank – Supreme Court held the policy decision to revise pensions every five years was within the scope of policy choices a...
Land Acquisition – Lapse of Acquisitions – High Court erred in holding that acquisitions had lapsed under Section 24(2) of the 2013 Act – Trend of landowners seeking lapse based on interim orders of stay, resulting in delayed awards and compensation – High Court should consider interim orders' impact before applying Section 24(2) – Matter remanded for fresh determ...
Trademark Infringement – Ad-interim Injunction – High Court Division Bench erred in allowing an appeal against a Single Judge’s order granting time for filing affidavits and postponing the hearing for ad-interim injunction – Order by Single Judge did not have finality traits, thus not appealable under Clause 15 of the Letters Patent – Division Bench’s order gran...
Service Law – Death-cum-Retirement Gratuity (DCRG) – High Court erred in striking down the latter part of Rule 3A – Rule 3A must be read in conjunction with Rule 3, Note 2, and Ruling 3 – These provisions provide for the treatment of DCRG in case of disciplinary or judicial proceedings pending at the stage of retirement – Even in the absence of proceedings, amounts ca...
Service Law – Discharge of Judicial Officer – High Court erred in treating appellant's negligence as misconduct warranting discharge – No continuous illegal orders were passed, only one bail order involved – Enquiry officer improperly acted as a court of appeal, focusing on alleged errors in the bail order – Discharge order deemed punitive as it resulted from disc...
Service Law – Seniority – Determination of Seniority among direct recruits and promotees under the Central Excise and Land Customs Group-C Recruitment Rules, 1979 – High Court upheld seniority list based on indents placed with the Staff Selection Commission (SSC) for direct recruitment – Supreme Court held that actual vacancies must be considered, not merely indented vacanc...
Judicial Service Examination – Age Limits – Upper age limit for DJS and minimum age requirement for DHJS challenged – Delhi High Court amended the age criteria, leading to candidates becoming ineligible due to examination delays – Supreme Court allowed candidates who would have qualified in 2020 and 2021 to appear for 2022 exams as a one-time measure – For DJS, candid...
Writ Petition – Jurisdiction under Article 227 of the Constitution of India – Challenge against TDSAT Order allowing additional documents after conclusion of evidence – Consideration of procedural lapses versus substantive justice in light of principles of natural justice and TRAI Act provisions. [Para 1-5, 11-13]
Interconnection Agreement Dispute – Recovery of...
Civil Procedure – Amendment of Pleadings – Denial of Amendment in Written Statement – Petitioner's application under Order VI Rule 17 CPC for amendment of written statement dismissed by Trial Court – Challenged in High Court – Amendments proposed not found necessary for determining the real questions in controversy – Application dismissed due to lack of subs...