Limitation Law - Condonation of Delay – Litigant's Responsibility – Section 5 of the Limitation Act, 1963 – Condonation Denied - The Court emphasized the litigant’s duty to vigilantly monitor proceedings initiated by them. The excuse of advocate negligence was deemed insufficient to justify a delay of 534 days – Held: The delay cannot be condoned solely on allegat...
Civil Law - Adverse Possession by State – Legal Prohibition – Claim Denied – The State of Haryana claimed adverse possession over the suit property since 1879-80 – Held: A welfare state cannot claim adverse possession against its citizens as it violates constitutional principles and erodes public trust – Appeal dismissed [Paras 34-37].
Admission of Owners...
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...
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...
Matrimonial Law – Divorce – Mental Cruelty and Desertion – Petition for divorce by husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act dismissed by Family Court – Evidence of mental cruelty by wife established through repeated false complaints under the Domestic Violence Act and false allegations questioning the paternity of the child – Evidence also es...
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 ...
Matrimonial Law – Divorce on Grounds of Cruelty and Desertion – Petition Dismissed – Husband sought divorce alleging cruelty and desertion by wife – Alleged that the wife ill-treated him, was addicted to bad habits, and deserted him from 17/01/2020 – Evidence revealed inconsistencies in the husband's claims, including admissions of cohabitation for 85-90 days afte...
Service Law – Deployment Order – Validity Upheld – Petition challenged a deployment order transferring the petitioner to the Belagavi Bench, contending lack of jurisdiction by the Chairman of the Tribunal – Court held that Section 13(1A) of the Administrative Tribunals Act grants wide superintendence powers to the Chairman, including issuing deployment orders – Deploy...
Income Tax – Penalty Proceedings – Defective Notices – Penalties Quashed – Revenue appeals challenge ITAT orders deleting penalties under Section 271(1)(c) for lack of clarity in penalty notices – Court observed that notices failed to specify the exact charge of “concealment of income” or “furnishing inaccurate particulars” – Held: Defect...
Caste Claim – Rejection for Lack of Evidence – Validity Upheld – Petitioner’s claim for belonging to "Mana" Scheduled Tribe was rejected due to discrepancies in ancestral records – Vigilance Cell report found tampered documents wherein "Mani" was altered to "Mana" – Court upheld Committee’s rejection, emphasizing the probative...