Regularization of Ad hoc Appointments – The appellant, a music teacher appointed in a leave vacancy, sought regularization under the Uttar Pradesh Secondary Education Department Regularization of Ad hoc Appointments on the Post of Trained Graduate Teachers Rules 2001. The High Court had denied her regularization, declaring her appointment illegal as it was against a leave vacancy, and not pe...
Dismissal from Service – without inquiry - Facts: Appellant employee of the respondent organization - dismissed from service - without conducting an inquiry - dismissal on the satisfaction of the President - not expedient to hold any inquiry in the interest of the security of the State - challenged dismissal - Tribunal and the High Court not find any reason to interfere with the dismissal.
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Will – Thumb Impression on Cancellation Deed – Genuineness – It is asserted that every person has a unique thumb impression, making forgery nearly impossible. Therefore, an adverse conclusion should not be drawn for affixing a thumb impression instead of signing documents related to property transactions. The genuineness of the cancellation deed cannot be doubted solely due to th...
Civil Appeal – Coverage under the EPF Act – Clubbing of two educational institutions run by the same Society – Appellant contests the coverage under the EPF Act – Issue of functional integrity between the two establishments considered – Material on record demonstrates financial integration and geographic proximity between the establishments – Appellant's cas...
Admissions – Centralized Counselling Mandate – The State of Uttar Pradesh mandated centralized counselling for all MBBS/BDS admissions, which Glocal Medical College violated by conducting private counselling. The Supreme Court upheld the requirement for centralized counselling to ensure transparency, merit, and fairness in admissions. [Paras 19-22]
Equitable Relief – Backdoor ...
Regulation 20 of 1979 Regulations – Interpretation of legal fiction – Applicability of the 1979 Regulations to retired employees – The legal fiction in Clause (iii) of Sub-Regulation 20(3) of the 1979 Regulations must be confined to cases where disciplinary proceedings have been initiated prior to an employee's retirement – Initiation of disciplinary proceedings is not ...
Civil Appeal – Suit for Specific Performance – Limitation – Agreement to sell land – Payment of advance amount – Refusal by the seller to perform the contract – Notice of refusal – Commencement of limitation period – Second part of Article 54 of the Limitation Act, 1963 – Whether notice of refusal given – Suit filed beyond limitation peri...
Redemption of Mortgage – Limitation and Nature of Document – The Court examined whether the document dated 22.2.1969 was a conditional sale or a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882. The suit for redemption can be filed within 30 years from the date fixed for redemption. [Paras 1, 23]
Conditional Sale vs. Mortgage by Conditional Sale...
Compensation Claim – Survival of Claim – The claim for personal injuries abates with the death of the injured if unrelated to the accident. However, the legal representatives can pursue claims for loss of the estate, which includes medical expenses, loss of income, and future prospects that would have accrued to the estate but for the accident. [Paras 9-20]
Loss of Estate – In...
Redemption of Mortgage – Right of Redemption – The right to redeem is a statutory right under Section 60 of the Transfer of Property Act, which cannot be extinguished by the act of parties or by a decree of the Court unless the right is duly adjudicated in the presence of all necessary parties. A purchaser of mortgaged property steps into the shoes of the mortgagor and is entitled to r...