Land Acquisition and Ownership – Government’s acquisition of land in Karkardooma, Delhi – Plaintiffs’ claim for ownership and management rights over land – Trial and First Appellate Courts dismissed claim due to government acquisition and lack of legal standing of plaintiffs [Paras 3, 6, 7, 26-33].
Pairokar (Agent) Relationship – Plaintiff’s f...
Foreigners Act – Burden of Proof – Appellant declared a foreigner for failing to discharge the burden under Section 9 of the Foreigners Act – Tribunal’s finding based on insufficient evidence and improper procedural handling – Supreme Court emphasized the need for authorities to have concrete material before alleging a person’s foreigner status – Miscarria...
Revision of Pay Scale – Pension Entitlement: The appellants, retired Assistant Professors and a College Librarian, were entitled to revised pension benefits as per the Manipur Services (Revised Pay) Rules 2010. The Office Memorandum dated December 24, 2011, which purported to clarify a subsisting anomaly, was deemed to encroach upon the acquired or vested rights of the retirees. Such clarifi...
Land Allotment Dispute – Appeal by Delhi Development Authority against High Court's judgment affirming land allotment to Hello Home Educational Society for a school in Vasant Kunj – Initial approvals for Jasola area, not Vasant Kunj – Discrepancies in Essentiality Certificate and Sponsorship Letter. [Paras 2-7, 9]
Change in Allotment Policy – High Court'...
Suspension and Departmental Proceedings – Authority of Commissioner: The Supreme Court held that the Commissioner of the KDM Corporation had the power to suspend or initiate departmental proceedings against an AMC, an officer superior in rank to the Assistant Commissioner. This authority is derived from a harmonious construction of subsection (9) of Section 2, Sections 39A, and 56 of the Mah...
Pollution and Environmental Concerns – Addressing air pollution in Delhi NCR due to heavy traffic at the ICD, Tughlakabad – Initial application by the former Executive Director of Central Warehousing Corporation to the NGT under National Green Tribunal Act, 2010 – Seeking redirection of traffic and adoption of cleaner fuel vehicles. [Paras 1-2]
NGT Orders and Appeal ...
Genuineness of Execution of Will: Under Section 68 of the Indian Evidence Act, 1872, the genuineness of a Will's execution must be established without considering whether the distribution by the testator was fair and equitable among all children. The Court should not apply Article 14 to dispositions under a Will.
Suspicious Circumstances – High Court's Findings: Th...
Development Plan for Shimla Planning Area – NGT Orders Quashed – The Supreme Court set aside NGT’s orders dated November 16, 2017, July 16, 2018, May 12, 2022, and October 14, 2022. The orders were regarding the draft development plan for Shimla Planning Area and were found to overstep NGT’s jurisdiction and its role in legislative policy-making [Paras 1-128].
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Lease Renewal Dispute – Original lease from 1905 renewed in 1944 expired in 1965 – Lease renewal application made in 1972 by Nalininath Mitra not adjudicated upon till initiation of resumption proceedings in 1975 due to reported dilapidation and unauthorized occupation – Resumption order issued by Collector in 1975 based on non-compliance with lease conditions including non-payme...
Revisional Jurisdiction under Waqf Act – Section 83(9): Subsection (9) of Section 83 of the Waqf Act confers a narrower revisional jurisdiction on the High Court compared to the jurisdiction of an appellate court. The High Court, in exercising this revisional jurisdiction, must not re-appreciate evidence or decide issues beyond the scope of revision.
High Court’s Fin...