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

Tenancy Law – Actual Physical Possession – The expression "actual physical possession of land and building" under Section 2(4)(ii)(b) of the Chennai City Tenants Protection Act, 1921, requires the tenant to be in actual physical possession. Tenants who have sublet the building or given the premises on leave and licence basis are not entitled to protection and benefit und...

Environmental Law – Sand Mining –The National Green Tribunal's (NGT) direction that sand mining in Bihar must be approved by the SEAC and SEIAA based on the DSR was challenged. The appellant contended that the Tribunal erred in its judgment, asserting that developmental activities should not be stalled and that legal mining should continue to prevent illegal activities and loss to ...

Arbitration – Setting Aside of Arbitral Award – Appellant challenged the decision to set aside an arbitral award – The dispute arose from the sale of shares and a subsequent deed of settlement – High Court set aside the award on grounds that the arbitrator's conclusions were not in accordance with the fundamental policy of Indian law – Supreme Court affirmed the H...

Land Acquisition – Interpretation of Limitation Period – Whether the two-year period under Section 11A of the Land Acquisition Act, 1894 applies post-repeal, or the twelve-month period under Section 25 of the 2013 Act applies – Court held that Section 25 of the 2013 Act governs awards made under Section 24(1)(a) – Limitation period for making awards commences from 1st Janua...

Civil Appeal – Property Partition and Mesne Profit – Dismissal by Trial Court, First Appellate Court, and High Court - appellants filed a suit for partition and mesne profit in 1988, claiming ancestral rights over certain properties. The Trial Court dismissed the suit, stating that the land in question is agricultural, and the plaintiffs/appellants cannot claim any right over it. This ...

Employment Dispute – Lecturer Appointment – Open Category vs Scheduled Caste Category - The appellant, a lecturer in English, was appointed in the open category by the second respondent-College. The fifth respondent was appointed in the Scheduled Caste category but contended that she should have been appointed in the open category based on the order of merit. [Para 2-9] Selection Pr...

Civil Appeal - Valuation of Suit - Amendment of Plaint - Declaration and Cancellation of Property Documents - Dispute over Ad Valorem Court Fee - Appeal against High Court Order under Article 227 of the Constitution - Directions to Revalue Suit and Pay Court Fee - Trial Court Dismisses Applications for Amendment and Rejects Plaint - Petition before High Court - High Court allows Petition and Order...

Criminal Law – Rape and Murder – Conviction – Appellant convicted of rape and murder of a minor girl based on disclosure statement leading to recovery of the dead body – Court affirmed the conviction noting the strong chain of circumstances and corroborative evidence – Testimonies of witnesses established the appellant's involvement in the crime – Conviction...

Army Act, 1950 - Sections 39(b), 71, 72, 73, and 120 - Defence Service Regulations, 1987, Regulation 448 - Punishment for absence without leave or overstaying leave - Dismissal from service. (Para 1)   Disciplinary history of the appellant - Habitual defaulter - Analysis of past punishments for unauthorized absence - Court noted several instances of indiscipline prior to the present inc...

Consumer Law – Deficiency in Service – Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate – Court held that in every litigation, one party is bound to lose, and such loss does not constitute a deficiency in service by the advocate – Complaints against advocates for losing cases on merits dism...