BPL Status Must Be Proven Before Advertisement Date: Madhya Pradesh High Court Upholds Cancellation of Aanganwadi Worker’s Appointment Over BPL Bonus Marks Dispute Revocation of Succession Certificate Not Permissible, But Heirs Must Receive Their Due Share: Calcutta High Court Income Tax | Reassessment Cannot Be Used as a Tool for Harassment: Delhi High Court Slams Revenue for Reopening Case Without Fresh Material An Ad-hoc Employee Cannot Be Arbitrarily Replaced Without Justification: Gujarat High Court Questions Discriminatory Action Against Forensic Science Professor Mere Past Possession is Insufficient – Plaintiff Must Establish Possession on the Date of Suit For Injunction: Andhra Pradesh High Court Allahabad High Court Affirms Civil Court Jurisdiction under the U.P. Zamindari Abolition and Land Reforms Act in Cancelling Sale Deed Based on Fraudulent Power of Attorney Right to Health Is a Fundamental Right Under Article 21: Karnataka High Court Government Cannot Arbitrarily Deny Regular Pay-Scale to Employees Appointed on Sanctioned Posts: Supreme Court Extends Benefit to Special Recruitment Drive Employees Presumption Under Section 113-B of the Evidence Act Is Not Automatic: Supreme Court Holds That Dowry Death Allegations Must Be Substantiated with Evidence Supreme Court Directs Immediate Implementation of Judicial Pay Revisions Demand for Dowry, in Any Form, is Unlawful and Condemnable: Supreme Court Affirms Guilt but Grants Relief Considering Passage of Time Baseless Accusations Destroy Marital Trust - False Allegations of Infidelity and Dowry Demand Amount to Mental Cruelty: Supreme Court Upholds Divorce Decree

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"CIVIL" Digest

Service Law – Appointment – Two candidates recommended for a single post – Initial appointee pursuant to High Court's order – Subsequent recommendation for another candidate – High Court erred in directing appointment of second candidate without affecting initial appointee – Two persons cannot be appointed to a single post – High Court’s order se...

Urban Land (Ceiling and Regulation) Act – Repeal Act – Possession of surplus land – High Court set aside proceedings on ground of non-payment of compensation – Supreme Court finds High Court erred in not considering possession status – Payment of compensation and possession are distinct – Remands case for detailed consideration of possession status [Paras 4.3-4....

Land Acquisition – Urgency Clause – Section 17(4) of the Land Acquisition Act – Challenge to the invocation of urgency clause and dispensing with the hearing under Section 5A – Supreme Court holds that bare assertions by the State are insufficient – Existence of exceptional circumstances justifying urgency must be proven – High Court’s dismissal of writ pe...

Land Acquisition – Market Value – Compensation – High Court determined compensation at Rs. 7100 per acre based on a sale deed from 1980 – Appellants sought compensation of Rs. 15,402 per acre as per a Reference Court’s judgment in a similar case for land in the same village – Supreme Court holds that compensation should be consistent with the Reference Court&rsq...

Insolvency and Bankruptcy – Residuary Jurisdiction – Section 60(5)(c) of IBC – NCLT's jurisdiction does not extend to disputes arising dehors the insolvency of the Corporate Debtor – Contractual disputes unrelated to insolvency cannot be adjudicated under Section 60(5)(c) – Termination of contract by TCS based on material breaches, not insolvency – NCLT and ...

Rights of Persons with Disabilities – Compensatory Time – Appellant diagnosed with Dysgraphia entitled to compensatory time under Guidelines for Written Examinations – Examination center failed to provide additional hour – Supreme Court holds National Testing Agency (NTA) responsible for ensuring compliance with guidelines – High Court’s judgment set aside &ndas...

Transfer of Property – Sale Deed – Joint Possession – Appellant claimed that the sale deeds executed by his brother Sudarshan Kumar under a power of attorney were void as no consideration was paid – Supreme Court holds that the sale of immovable property without consideration is void under Section 54 of the Transfer of Property Act – Sale deeds to Sudarshan Kumar&rsqu...

Haryana Staff Selection Commission - Recruitment for the post of Clerk - Revision of answer key - Challenge to correctness of answer - Expert committee's opinion - Scope of interference by the Court - Timeliness of the petition - High Court dismissed the petition - Appeal filed - Supreme Court precedents considered - Held, once the matter has been examined by experts, the Court is not required...

Arbitration – Modification of Award – Appellant contested the modification of the original award under Section 33 of the Arbitration and Conciliation Act, 1996 – The Supreme Court held that the original award did not contain any arithmetical or clerical errors and was made considering the claims as presented – Modification beyond scope of Section 33 – Both City Civil ...

Promotion – Relaxation in Qualifying Service – High Court directed the competent authority to grant relaxation in qualifying service for promotion, permissible under Rule 4 of the 2006 Rules – Supreme Court held that relaxation under Rule 4 is discretionary, not a right – The term "MAY" in Rule 4 indicates the authority's discretion – High Court erred in...