Government Service – Regularization and Pay Scale Benefits – Challenge to withdrawal of pay scale benefits and subsequent recovery from superannuated appellants – Consideration of the legality of orders and policies by various government departments affecting the pay scale of Ayurvedic and Unani Medical Officers. [Para 1-6]
Administrative Decision – Binding Nat...
Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]
Case Managemen...
Arbitration – Jurisdiction of Arbitrator – Lease and dealership agreements are distinct – Arbitration clause in dealership agreement invoked for dispute – Arbitrator appointed under dealership agreement adjudicated lease agreement issues – Held, arbitrator exceeded jurisdiction – Award on lease rent and term set aside [Paras 1-61].
Contractual Inter...
Land Acquisition – Determination of Market Value – Assessment of market value of acquired land for flood protection wall – Appeals concerning compensation awarded by Land Acquisition Officer and Reference Court – High Court’s rejection of Blue Zone classification as per statutory requirements – Supreme Court upholds Reference Court’s award for market value...
Divorce – Irretrievable Breakdown of Marriage – Exercise of Article 142 Powers – Appeal by husband challenging the High Court’s order dismissing his divorce petition – Husband and wife lived together for only 43 days in total – Separation period of over 22 years – Continuous legal battles and acrimonious relationship – Supreme Court exercises powers ...
Civil Procedure – Contempt Jurisdiction – Order 39 Rule 2A CPC – Contempt for wilful disobedience requires proof of intentional, conscious, and deliberate violation of court orders – Mere disobedience insufficient for contempt – Court must exercise contempt powers cautiously, requiring evidence of bad purpose or stubborn, obstinate actions – Casual, accidental, ...
Order II Rule 2(3) CPC – Leave to Sue Separately – Respondent sought leave under Order II Rule 2(3) CPC for filing a separate suit for recovery of arrears and damages – Trial Court and High Court found no relinquishment or omission in the first suit to bar the second suit – High Court affirmed separate causes of action for the two suits – Appeal dismissed – Cour...
Adverse Possession – Limitation and Burden of Proof – Appellant-State claimed ownership based on adverse possession since 1958 following the donation of land for constructing a Veterinary Hospital – Trial Court decreed possession in favor of plaintiff due to lack of proof of donation – First Appellate Court reversed, acknowledging adverse possession – High Court resto...
Hindu Succession Act – Absolute Property – Section 14(1) – Property of a female Hindu to be her absolute property – Objective is to convert limited interest of a wife into absolute ownership if the property was acquired in lieu of maintenance – A Hindu male can create a limited estate in a will for his wife, but it will mature into an absolute estate under Section 14(...
Constitutional Law – Article 131 Jurisdiction – State of West Bengal challenges the authority of the CBI to register cases post-withdrawal of consent under Section 6 of the DSPE Act – Issue involves interpretation of Article 131 and its limitations – Supreme Court's original jurisdiction exclusive and includes disputes involving the existence or extent of a legal right ...