Civil Appeal – Challenge to High Court’s modification of Trial Court’s preliminary decree in a partition suit – Appellant’s claim through co-sharer contested – Preliminary decree upheld with modification concerning demolition of buildings – Final decree process and consideration of construction’s legality deferred to Trial Court. [Paras 1-7]
Trial...
Military Promotion – Consideration of Service Records for Promotion to Colonel – Issue concerning the consideration of Confidential Reports (CRs) for promotion of women officers in the Indian Army to the rank of Colonel post Permanent Commission (PC) – Grievance regarding non-empanelment for promotion and exclusion of recent CRs addressed. [Para 1-2, 10-12]
Army Policy Framewo...
Civil Appeal – Partition Suit – Appellant (defendant no. 2) contesting High Court's judgment granting the plaintiff (respondent no. 1) a share in the disputed properties – Appeal partially allowed, High Court's judgment modified to exclude plaintiff's entitlement to a share of her mother-in-law's property. [Para 14]
Property Inheritance – Hindu Succession...
Ex Parte Decree – Setting Aside – Provincial Small Cause Courts Act – Compliance with Proviso to Section 17 – Application under Order 9 Rule 13 to set aside ex parte decree cannot be granted automatically – Compliance with proviso to Section 17 is a precondition – Tenant failed to deposit entire decretal amount or give security at the time of application –...
Sexual Harassment Allegations - Disciplinary Proceedings - The respondent, an Area Organizer at the Service Selection Board (SSB) Rangia, Assam, faced allegations of sexual harassment from a female colleague. Initial on-spot inquiries and reports by Frontier and Central Complaints Committees failed to fully substantiate these allegations - Central Complaints Committee's subsequent inquiry esta...
Section 11 of the Code of Civil Procedure, 1908 - constructive res judicata - Earlier petition dismissed but petitioner or their predecessor not impleaded - Causes of action, reliefs, and khasra numbers in the earlier petition similar to present petition - Doctrine of res judicata not applicable - Impugned orders suffer from a vice of breach to the principle of constructive res judicata - Multipli...
Insolvency and Bankruptcy – Section 9 Application – Limitation – Corporate Debtor's acknowledgement of arrears of salary within the limitation period – Date of the last acknowledgement (30.09.2014) to the date of filing the petition (27.07.2017) falls within three years – NCLT's admission of Section 9 application justified – Appeal allowed [Paras 1-10].
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Recruitment Process – Public Employment – Systemic Fraud – Entire recruitment process for the post of Head Clerk (Grade II (DASS)) annulled due to systemic fraud and irregularities including mass cheating and impersonation – Decision to cancel the entire process upheld to preserve public confidence in recruitment processes – Cancellation causing hardship to a few not ...
Reservation for OBCs – Validity of Reservation Provisions – Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Provision read down to mean reservation for OBCs may be up to 27% but must not exceed an aggregate of 50% of the total seats reserved for SCs/STs/OBCs together – Requirement for contemporaneous rigorous empirical inquiry into back...
Arbitration – Jurisdiction – Section 2(1)(f) Arbitration Act – International Commercial Arbitration – High Court's jurisdiction questioned – Transaction between parties had international flavour due to the respondents being US nationals and habitually resident there – High Court had no jurisdiction to appoint arbitrator – Appeal allowed [Paras 7-16].
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