Service Regularization – Delay in Decision on Representations – State Obliged to Act Expeditiously - Petitioners sought regularization of services and parity with employees already regularized under the same requisition – Grievance arose due to the State’s failure to decide representations for months – Held: A welfare State is expected to act promptly in addressing em...
Civil Law - U.P. Consolidation of Holdings Act – Claim of Co-Tenancy – Disputed Land – Appellant challenged the High Court’s decision restoring the order of the Consolidation Officer, which dismissed the claim of Smt. Gulabi to co-tenancy over the disputed land – High Court found the Appellate and Revisional Authorities acted perversely, reversing findings supported b...
NEET UG Counseling – Merit-based Allotment – Petitioners higher in merit than respondents were excluded from the Stray Vacancy Round due to non-submission of Class XI mark-sheets indicating Biology as a subject – Petitioners submitted the requisite certificates promptly after public holidays but were not considered – Court held that procedural technicalities cannot override...
Property Law - Ad-Interim Injunction – Co-Owners in Joint Property – Injunction Denied - Plaintiff-petitioner sought to restrain defendant-respondents from constructing on portions of unpartitioned land – Court held that co-owners possess equal rights to the entire joint property, and construction by one co-owner does not amount to ouster unless exclusive and hostile possession i...
Interim Orders in Public Projects – Ex-parte Stay – Procurement of Conveyor Belts – Ex-parte interim stay was granted restraining the appellants from awarding work to the lowest bidder for essential procurement of conveyor belts for thermal power plants – Court held that such orders should not lightly derail public projects critical to infrastructure or electricity producti...
Service Law - Disciplinary Proceedings Post-Superannuation – Jurisdictional Limitations – Proceedings Declared Void – Disciplinary proceedings initiated against the respondent after the expiration of his extended service period on 01.10.2010 were held void-ab-initio – Court emphasized that initiation of proceedings post-superannuation lacks jurisdiction under Rule 19(3) of ...
Service Tax – Applicability in Jammu & Kashmir – Exclusion under Section 64 of the Finance Act, 1994 – Petitioners, licensed gun manufacturers operating in Jammu & Kashmir, challenged the levy of service tax on proof testing charges imposed by the Ministry of Defence – Held: Section 64 of the Finance Act, 1994 expressly excludes applicability of service tax to the S...
Adoption Deed Registration – Applicability to Muslim Personal Law – Adoption Not Recognized – Refusal Upheld - The Muslim Personal Law (Shariat) Application Act, 1937, does not recognize adoption as a mode of filiation – Petitioners sought to register an adoption deed, which was refused citing lack of provision under the Registration Act, 1908, and the absence of enabling p...
SARFAESI Act – Delay Condonation under Section 17 – Applicability of Limitation Act – DRT Can Condon Delay – The Gauhati High Court examined whether the Debts Recovery Tribunal (DRT) can condone delays in filing applications under Section 17 of the SARFAESI Act by applying the Limitation Act – The Court distinguished between original proceedings under Section 19 of th...
Civil Law - Res Judicata – Applicability in Appellate Court – The appellants contended that the appellate court’s decree, allowing the plaintiffs’ cross-objection for Plots Nos. 544 and 545, violated res judicata since the prior ruling in RFA No.16/2004 dismissed claims over these plots without further challenge – Held: The issue had been conclusively determined, thus...