Civil Appeal – Property Dispute – Inheritance Rights – Appeal against High Court’s order in a property dispute involving settlement deeds and inheritance rights. A mother transferred property to her sons and daughter in 1947, leading to legal battles over subsequent settlement deeds and claims of inheritance rights by various family members. [Para 1-14]
Settlement Deeds ...
Service Law – Suspension and Reinstatement – Appellant's dismissal set aside by appellate authority – Appellate authority directed period of suspension and dismissal to be treated as dies non – Supreme Court held appellate authority's order imposing dies non not a recognized penalty – Remitted case to competent authority to determine how period should be treat...
Service Law – Promotion and Seniority – Appellant's promotion to Office Superintendent quashed by High Court – High Court favored respondent due to earlier entry into service and promotion by reservation benefit – Supreme Court emphasized seniority-cum-merit criterion, upheld higher pay scale and unblemished record of appellant as basis for promotion – Promotion t...
Service Law – Forest Guard Training – Appellants, forest guards who stood first in training, sought ranger training – Respondent challenged such training based on administrative orders – Supreme Court evaluated the validity and revocation of orders under the M.P. Class III (Non-Ministerial) Forest Service Recruitment Rules, 1967 [Paras 3-15].
Administrative Ord...
Service Law – Judicial Review of Transfer Orders – The Supreme Court dealt with the extent of judicial review in transfer matters. The appellant contested the Division Bench's decision which set aside the Single Judge's order validating the transfer order. The Bench revisited the principles governing judicial review in cases of employee transfer. [Para 8-14]
Scope of Judicia...
Medical Education – Provisional Registration – Students completed clinical training online due to the pandemic – Appellant argued that clinical training must be completed in physical form – High Court's decision permitting two months of clinical training instead of three deemed insufficient – Appellant directed to frame a scheme for students to complete clinical t...
Customs Law – Valuation of Imported Goods – Assessment and Penalties – The Supreme Court addressed the dispute over the valuation of imported camera stabilizer devices and the applicability of penalties under the Customs Act, 1962. The Court scrutinized the adjudication process, the comparison of the imported goods with previous imports, and the determination of assessable value ...
Pensionary Benefits – Judicial Service – Inclusion of Service as High Court Judge – issue of including the service period of a former District Judge, later appointed as a High Court Judge, for the computation of pensionary benefits. The court examined whether the break in service between her tenure as District Judge and High Court Judge affects her pension entitlements under the ...
Waqf – Definition and Dedication – Appellant claimed a dilapidated structure as a mosque – No evidence at any point of time that the structure was being used as a mosque – No allegation or proof of dedication, user, or grant qualifying the structure as a waqf within the meaning of Section 3(r) of the Waqf Act – In absence of any proof of dedication or user, a dilapida...
Service Law – Departmental Examination – Grace Marks – Respondent, an ST candidate, secured 43 marks in "Other Taxes" subject, below 45% required for general category – Respondent sought grace marks to qualify as a general category candidate – Tribunal dismissed application, upheld by High Court – Supreme Court held grace marks policy intended to help ...