Misappropriation of Government Funds – Initiation of Criminal Proceedings – The Supreme Court addressed the High Court’s direction for criminal proceedings against officers and office bearers for misappropriation of funds under a housing scheme. The High Court had ordered steps to be taken based on reports of mismanagement and irregularities. The appellants contended that they we...
Declaration of Land as Forest Area – Validity of Revenue Entries – The Supreme Court held that entries in the revenue record without any supporting documents of creation of lease under the Forest Act are inconsequential and do not create any right, title, or interest over the land. The land vests in the Forest Department by virtue of notification published under the statute. The lessee...
Execution of Money Decree – Compliance with Order XXI Rule 64 – The Supreme Court held that Order XXI Rule 64 mandates the executing court to sell only as much property as is necessary to satisfy the decree. Failure to adhere to this requirement constitutes a jurisdictional error. The appellant's repeated objections to the method of execution and the inclusion of the entire propert...
Constitutional Amendment Act - Goods and Services Tax (GST) - Introduction of GST and its implications on taxation powers - Creation of GST Council - Amendment of Articles 246-A, 269-A, and 366(12A), (26-A), (26-B) - Modification of Entry 84 and introduction of Entry 54 in the Union List - Constitutional framework for GST established. [Para 2-13]
State-Specific Amendments - Telangana, Maharasht...
Modification of Judgment – Miscellaneous Application – Appellant sought modification of the order for demolition of part of Tower T-17 – Court emphasized that such applications should not bypass procedures for review – Clarifications or modifications cannot serve as a backdoor for review – Reliefs sought amount to review and therefore not maintainable [Paras 1-88].
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Civil Appeal – Delay in bringing legal representative on record – Inordinate delay in the legal proceedings – The case illustrates the disillusionment of litigants due to the slow pace of judicial processes – Examination of the history of the case and the challenges in determining the legal representative. [Para 1-5]
Legal Representative vs. Legal Heir – The distin...
Eviction on Admission – Order XII Rule 6 of CPC – High Court decreed eviction on admission based on the defendants' written statement – Defendants claimed ownership through an agreement to sell, but such agreement does not confer ownership – High Court correctly interpreted admissions regarding plaintiff’s ownership and defendant No.1's tenancy – Appeal ...
Property Dispute – Title and Possession – Appeal against the Madras High Court’s judgment – Appellant’s claim to the title and possession of the entire suit property challenged – Suit for declaration of property ownership and permanent injunction – Appellant’s historical ownership and acquisition of the property outlined – Defendants contest ow...
Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23].
Contrac...
Based on the information provided, it appears that this is a multi-faceted case involving issues like service termination, regularization, and screening processes. Here are the headnotes of the judgement, categorized according to the relevant paragraphs.
Civil Appeal – Teacher's Employment in Railway School
Appeal by Samir Kumar Majumder, a school teacher, against ...