Land Ceiling – Jurisdiction of Civil Courts – Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained code providing for appeal and revision before designated authorities – Civil courts lack jurisdiction to try suits related to land under ceiling proceedings – Orders by competent authorities under ULC Act are final and cannot be declared illegal or non est by civi...
Succession – Interpretation of Will – The First Appellate Court found that the will's recitals clearly conveyed full ownership to the testator's wife, which the High Court erroneously reversed by incorrectly applying Section 14 of the Hindu Succession Act, 1956 – The Supreme Court held that the High Court should not have interfered as the First Appellate Court's findi...
Code of Civil Procedure, 1908 - Section 51 - Execution of decree - Transfer of ownership of attached property - Erroneous process followed by Executing Court - Decree holder seeking transfer and sale of attached property in their name - No participation of decree holder in auction proceedings - No provision for direct transfer of ownership - Impugned order set aside - Case remanded to Executing Co...
Public Interest Litigation – Res Judicata – Summary dismissal of earlier petition under Article 32 does not bar the present writ petition – Court must be cautious in applying res judicata in matters of grave public interest – High Court's error in allowing the writ petition without substantive adjudication on merits [Paras 1-13, 26-35].
Disinvestment – Strategi...
Motor Accident – Compensation – Future Economic Loss – Deceased was a 21-year-old student – Tribunal assessed future economic loss at Rs.15,000 per month; High Court reduced it to Rs.5,000 – Supreme Court held the income should be considered at Rs.10,000 per month, with a 40% addition for future prospects – Multiplier of 18 applied based on deceased’s age,...
Pension – Social Security Measure – Coal Mines Pension Scheme, 1998, framed under Section 3-E of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 – Pension considered deferred compensation for long service – Employee opted for 90% pension during lifetime – Widow entitled to lump sum payment equal to 100 times the full monthly pension on employee&rs...
Compassionate Appointment – Policy Applicability – Deceased employee died on 08.10.2015 while serving as a work charge employee – Policy at the time provided Rs. 2 lakhs compensatory amount but no compassionate appointment – Subsequent policy dated 31.08.2016 allowed compassionate appointments for work charge employees – Supreme Court held the claim must be decided ba...
Election Petition - Non-disclosure of Criminal Cases - The appellant, a candidate in an election, faces allegations of not disclosing pending criminal cases against him [Para 16] - Contention that disclosure was not required under Section 33A of the relevant Act [Para 16] - Appellant argues that the non-disclosed cases do not fall within specified categories - Election petitioner alleges non-discl...
Writ of Mandamus - Jurisdiction - Appellants challenged the High Court's order and judgment - Contentions based on a previous order in Praveen Kumar v. Delhi Cantonment Board & Ors. - Court found the contentions baseless as the said order did not confer any indefeasible right on the appellant and did not pertain to the pending Civil Suit - Issue Deletion - Trial Court deleted certain issue...
Education – Affiliation and Admission – High Court directed JNTU to proceed with the notification of institutions for the second phase of counselling despite JNTU awaiting State Government approval – Supreme Court held that JNTU’s regulations require prior permission from the State Government for starting new programs or increasing intake capacity – High Court's i...