Service Law – Financial and Pensionary Benefits – Work Charge Employee – Entitlement to Pension and ACP – Petitioner sought financial and pensionary benefits, claiming that her deceased husband’s services should be regularized from 2003, making her eligible for benefits like ACP, medical allowance, leave encashment, LTC, etc. – The Court held that as a work char...
Professional Misconduct – Clause (7), Part I, Second Schedule, Chartered Accountants Act, 1949 – Gross Negligence – Issuance of Utilization Certificates without adequate verification – Council of ICAI held respondent guilty of professional misconduct for certifying financial statements without corroborating documents and failing to disclose reliance on other sources –...
Service Law – Back Wages – Reinstatement Following Illegal Termination – Petitioner, a Lecturer, was terminated illegally and reinstated after 10 years without back wages – Held, reinstatement does not automatically entitle one to back wages; requires proving non-gainful employment during the period – Fault lies with the employer (governing body) for non-compliance &n...
Reservation Policy in Public Employment – EWS Category – Petitioner challenges the provisional selection of respondent No.4 for the post of Assistant Professor in Sociology under the EWS category – Court examines the applicability of EWS reservation policies as per J&K Reservation Act, 2004, and the UGC guidelines – University of Jammu found not to have amended its stat...
Hindu Succession Law – Rights of Daughters Prior to 1956 – Inheritance Excluded – The court held that under the Hindu Women’s Rights to Property Act, 1937, inheritance rights to daughters were excluded if the father died before 1956 leaving behind a widow – The 1937 Act granted limited ownership only to the widow; daughters were not included in inheritance under this ...
Civil Law - Land Acquisition – Enhancement of Compensation – Uniform Market Value – Land acquired for the construction of a railway line, utilized for a single public purpose – Reference Court enhanced compensation uniformly at ₹25,000 per kanal, irrespective of land classification – Held: Enhancement justified as classification had no relevance due to uniform use o...
Civil Law - Limitation – Mixed Question of Fact and Law – Rejection of Plaint at Preliminary Stage – The appellant contended that the plaint should be rejected under Order VII Rule 11 CPC as the suit was barred by limitation. The plaintiff argued that knowledge of the gift deeds was first acquired in 2021. The court found that this raised a mixed question of fact and law that req...
Partition of Self-Acquired Property – Applicability of Rule Against Partial Partition – Partition Suit – Will of Late Smt. Abnash Kaur – Plaintiff sought partition based on the registered Will of late Smt. Abnash Kaur dated 06.02.1973, dividing her estate among six beneficiaries, each receiving a 1/6th share – Suit contested by Defendant No.1, who argued it constitute...
Service Law – Seniority List – Promotion – Writ petition challenging the revised seniority list dated 14.3.2022, which placed the petitioner at a lower rank and affected his promotion prospects – Petitioner contended that his service should be reckoned from his date of regularization in 1998, not from his initial appointment in 1997, which was on a consolidated pay during t...
Execution of Will – Proof and Attestation – Section 63(c) of the Indian Succession Act – Will Upheld – The appellant challenged the Will (Ext.B2), alleging irregularities and suspicious circumstances – Held: The Will’s execution and attestation were duly proved by the attestor, satisfying legal requirements – The registration of the Will lends credence, th...