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 Cheque Bounce Conviction Can Be Set Aside If Dispute Is Settled Even at Revisional Stage: Madras 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

Compassionate Appointment – Delay and Laches – Appointment on compassionate grounds is an exception to the general rule of public appointments based on merit – If the family has survived for a substantial period after the death of the breadwinner, there is no justification for compassionate appointment at the cost of others’ interests – Application for appointment mad...

Property Dispute - Alleged Sale of Portion of Inherited Property - Appellant and Respondent, brothers, in dispute over land inherited from their father - Allegation that one brother sold a portion of his share to the other - Possession of the sold land forcibly taken by Appellant - Suit for possession filed by Respondent - Lower courts returned findings in favor of Appellant - High Court set aside...

CIVIL APPEAL - Limitation - Condonation of delay - Justice-oriented approach - Delay of 52 days in filing the appeal - Whether the delay can be condoned - Effect of delay on deciding the matter on merits - Sufficient cause for condoning the delay - Supreme Court sets aside lower Appellate Court and High Court judgments, and condones the delay - Matter restored to the file of the lower Appellate Co...

Arbitration – Interest Award – Arbitrator awarded pendente lite and future interest despite Clause 16(2) of GCC barring such interest – Supreme Court held that as per Clause 16(2), no interest shall be payable on earnest money, security deposit, or amounts payable to the contractor under the contract – Arbitrator and High Court erred in awarding interest contrary to the con...

Teacher Qualification – Diploma in Elementary Education – Validity of 18 Months Diploma from NIOS for Assistant Teacher Post in Uttarakhand – High Court Verdict Set Aside – Supreme Court Rules that 18 Months Diploma is Not Equivalent to 2 Years Diploma Prescribed by NCTE. [Para 4.1-4.15, 29, 32, 41]   Recognition of D.El.Ed. through ODL - Challenge to High Court&...

Rent Control – NRI Landlords – Right to Eviction – NRI purchasers of property can invoke summary jurisdiction under Section 13-B of the East Punjab Urban Rent Restriction Act after five years of ownership, irrespective of who initially let out the premises – Distinction between 'landlord' and 'owner' critical – High Court order upheld, confirming evict...

Insurance Claim Dispute – Fire incident at insured warehouse led to a claim of Rs. 6,57,55,155/- with 9% interest – NCDRC's partial allowance of the claim contested in the Supreme Court – Issues revolved around the cause of the fire, whether the location was covered under the insurance policy, and interpretations of policy terms. [Paras 2-5, 14-17, 30-41, 48-50, 56-59] Fir...

Jurisdiction – Civil Court – Punjab Security of Land Tenures Act – Whether the bar on jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953, applies even when the landlord-tenant relationship is disputed in a proceeding under Section 14A of the Act – Supreme Court held that the validity of orders under Section 14A is open to scrutiny in a Civil Cour...

Reservation in Promotion – Gradation List – Appellants challenged the gradation list prepared based on the Jammu and Kashmir Reservation Rules 2005, contending it should not apply to inter se seniority for promotion – High Court set aside the gradation list and promotion orders based on it – Supreme Court found the High Court's reliance on an unrelated case (Ashok Kumar...

Civil Procedure – Injunction – Appellants challenged the High Court's injunction order which was granted without giving them an opportunity to be heard and without making them party-defendants – High Court had granted injunction regarding 1/7th share of properties – Supreme Court held that no injunction could be granted without proper hearing and impleading necessary pa...