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

Service Law – Promotion Requirements – Passing of SAS Part II exam was mandated for promotion from Superintendent (D/A) to AAO but not for direct recruits to AAO – Amended notification dated 02.01.2010 requiring SAS Part II for promotion to AO found arbitrary and illogical – High Court read down the requirement, holding it applicable only to promotion from Superintendent (D...

Arbitration Law – Appellate Jurisdiction – Distinction – High Court erroneously acted as an appellate forum in a regular civil suit, rather than under the limited scope of Section 37 of the Arbitration Act – District Judge rightly rejected the petition under Section 34, finding no basis for interfering with the arbitral award – High Court's judgment set aside as i...

Income Tax Appeal – Challenge to Settlement Commission's decision – High Court remanded matter to Settlement Commission for reconsideration of immunity from penalty and prosecution – Appellant aggrieved by High Court's decision – Appeal filed. [Para 2.11]   Settlement Commission – Jurisdiction to entertain application – Preliminary objection r...

Tender – Transportation of Rice – Continuation of interim arrangements for transportation without fresh tenders at old rates from 2017-18 caused significant financial loss to the State – High Court directed immediate steps for fresh tenders – Supreme Court upheld and directed issuance of fresh NIT within 10 days, ensuring fair and transparent process through e-Tender, to be...

Jurisdiction – Consumer Protection Act, 2019 – Maintainability of petition before High Court against NCDRC order – Scope of judicial functions and powers – Remedies under Act 2019 – Appeal to Supreme Court and High Court jurisdiction – National Commission as a “Tribunal” – Writ petition under Article 227 maintainable before High Court – S...

Employment Compensation – Applicability of the 1923 Act to a Constable of Railway Protection Force (RPF) – Interpretation of Section 2(1)(n) – Whether a Constable of RPF is a "workman" despite being a member of the Armed Forces of the Union as per amended Section 3 of the 1957 Act – Consideration of the legislative intent and definitions. [Para 20(i)] Alternati...

Consumer Protection – Medical Negligence – Blood Transfusion – Appellant, a former Indian Air Force employee, contracted HIV through a blood transfusion in a military hospital during his service – Allegations of negligence and reckless disregard for patient safety – Refusal to provide medical records and conduct of Court of Inquiry – Appellant claims compensatio...

Service Law – Misconduct – Quantum of Punishment – Respondent, a CRPF constable, misbehaved, abused, and injured a doctor on duty and made false criminal charges of sexual harassment against the doctor – High Court substituted the penalty of removal from service with confinement in quarter guard jail – Supreme Court held that the punishment by the disciplinary authori...

Real Estate Regulation – Pre-deposit Requirement for Appeals – The requirement under Section 43(5) for promoters to deposit at least 30% of the penalty or the total amount to be paid to the allottee including interest and compensation before an appeal is heard is not violative of Articles 14 and 19(1)(g) of the Constitution. This pre-deposit ensures that the determined amount is safegu...

Civil Appeal – Appellant challenging the dismissal of its appeal against the Employees State Insurance Court’s order – Definition of “Factory” and “manufacturing process” under the Employees State Insurance Act – Dispute whether the appellant-firm falls within the ambit of the definition – Relevant provisions of the ESI Act and Factories Act ex...