Validity of Wills – Dispute over the last will of M.N. Ranganathan. The trial court’s dismissal of the suit contesting the will dated 27-01-1996 (Ex.D1) was challenged. The appellants asserted that the will dated 30-12-1992 (Ex.P11) was the valid last will of Ranganathan. [Paras 1, 3, 33-34, 43, 61-62]
Health Condition of Testator – Consideration of the testator&rsqu...
Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...
Land Acquisition – Enhancement of Compensation – Section 18 of the Land Acquisition Act, 1894 – Appellants challenged the compensation awarded by the Land Acquisition Officer, seeking enhancement – Reference Court increased compensation – High Court partly allowed appeals, reducing compensation – Supreme Court observed that future use of acquired land for indust...
Service Law – Overseas Deputation – The Supreme Court held that a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer, and the employee – The respondent failed to provide cogent evidence that the appellant was seconded to work overseas on deputation – A transient business visit without any written agreement detailing terms ...
Security Lapse – Prime Minister's Visit – The Supreme Court addressed a significant security breach incident during the Prime Minister’s visit to Punjab – The Court emphasized the need for a judicially trained independent enquiry to determine the causes, responsibility, and remedial measures for such a breach – An Enquiry Committee was appointed comprising Justice...
Constitutional Law – Writ Petition – Article 226 – The Supreme Court reiterated that when an effective alternative remedy is available under a statutory framework, writ petitions under Article 226 should not be entertained – The High Court erred in entertaining the writ petitions filed by the borrowers against the SARFAESI notice and granting an ex-parte interim order direc...
Pension Scheme – Vested Rights – Supreme Court upheld the vested rights of the employees under the bank pension scheme introduced on 1st April 1989 – The Court held that the retrospective amendment made on 11th March 2014, which discontinued the pension scheme, violated Articles 14 and 16 as it took away accrued rights of the employees – The Court emphasized the importance ...
Cooperative Societies – Plot Allotment – Section 61(1)(b) of APCS Act – The Supreme Court upheld the allotment of a plot to respondent No. 1 (M.V. Ramana), a member of the Society, who had exchanged his earlier allotted plot with the disputed one – Despite the absence of General Body approval for the Board Resolution as required by Rule 42(4), the Court found that the allot...
Consumer Law – Deficiency in Service – Section 2(1)(d) and 2(1)(g) of the Consumer Protection Act, 1986 – Supreme Court held that the failure of the builder to obtain the occupation certificate amounts to a deficiency in service – The members of the appellant society are consumers and have the right to seek compensation for the higher taxes and water charges incurred due to...
Arbitration Law – Jurisdiction of High Court – Section 37 of the Arbitration Act – The Supreme Court held that the High Court exceeded its jurisdiction under Section 37 of the Arbitration Act by entering into the merits of the claim and setting aside the award passed by the arbitrator and the order passed by the Additional District Judge – The High Court had a limited scope...