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

Suspension of Medical Practitioner's License - Contempt of Court Proceedings - Jurisdiction of Court - Punishment under Contempt of Courts Act, 1971 - Nature of Punishment specified in the Act - Examination of whether suspension of medical practitioner's license is alien to the specified punishments under the Act. (Para 10 and 20) National Medical Commission Act, 2019 - Governance of Me...

Arbitration – Setting Aside of Arbitral Award – Plea of waiver taken against appellant-State on the ground of not raising objection in Section 34 petition dismissed – Court held Section 34(2A) empowers setting aside of an award if vitiated by patent illegality – Such grounds can be invoked by the Court in an appeal under Section 37 – High Court should have considered ...

Disability Rights – Disciplinary Proceedings – Appeal against disciplinary proceedings initiated due to appellant's mental disability – High Court’s Division Bench set aside the enquiry report and restored the proceedings to evidence stage – Appellant’s mental disability not the sole cause of alleged misconduct, considered indirect discrimination – Sec...

Insolvency Law – Commercial Wisdom of CoC – NCLAT's interference with CoC's decision challenged – CoC approved Ngaitlang Dhar’s resolution plan through transparent and equitable procedure – NCLAT erred in setting aside CoC’s decision – Adjudicating and Appellate Authorities should not interfere with CoC’s commercial decisions except on limite...

Appeal of Pavnesh Kumar against Medical Unfitness Declaration – BSF declared Kumar medically unfit for Sub-Inspector post through LDCE 2018-19 – Challenged in Delhi High Court, which upheld the BSF's decision – Kumar then appealed to Supreme Court. [Paras 1-5] Medical Fitness for Promotion – Kumar initially declared medically fit as a constable, later declared unfit ...

Service Law – Pay Parity – Daily rated employees not entitled to higher pay scale of Rs. 950-1500 with consequential benefits upon completion of 10 years – Board's adoption of State Government resolutions crucial for applicability – Financial viability and economic capacity significant factors in wage determination – Posts and salary complex matters best left to e...

Professional Misconduct – Disposal of Complaints – Bar Councils directed to decide complaints within one year as mandated under Section 36B of the Advocates Act – Bar Councils have a duty to uphold standards of professional conduct – Complaints not disposed of within a year to be transferred to Bar Council of India – Emphasis on timely and efficient resolution of comp...

Disciplinary Proceedings – Approval Requirements – Disciplinary proceedings initiated against appellant without specific approval of charge memorandum by the Disciplinary Authority – Rule 14(3) of CCS (CCA) Rules requires independent approval for initiating enquiry and for drawing up charge memorandum – Ex-post facto approval given during pending proceedings deemed inadequa...

LCD panels - Classification - Interpretation of General Rules of Interpretation of Schedule to Customs Tariff Act, 1975 - LCD panels classifiable under Chapter Heading 9013.8010 - Specific description prevails over general description - Goods falling under Chapter 90 excluded from Chapter 85 - General Note 3(a) and Note 1(m) of Chapter 85 clarified - Customs Tariff Act, 1975, General Rules of Inte...

Disability Pension – Territorial Army – Appellant, a former soldier of the Territorial Army, claimed disability pension for injury sustained while on leave – AFT dismissed the claim citing separate terms and conditions for Ecological Task Force (ETF) – Supreme Court held members of Territorial Army entitled to same pensionary benefits as Regular Army personnel unless incons...