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 – Ownership Certificate – Protected tenant granted ownership certificate under Section 38E of the Tenancy Act – Appeals against occupancy rights withdrawn as inconsequential after ownership certificate issuance – Ownership vests unambiguously with protected tenants – Purchasers divested of ownership rights – Certificate undisputed by purchasers [Para...

Civil Appeal – Unjustified Higher Pay Scale – Appeal against High Court's upholding of Tribunal's decision affirming the grant of higher pay scale to respondent No. 4, an Assistant Scientific Officer (Medicine) at CSTT. Challenge to the legality of respondent No. 4's pay scale upgrade and the rejection of similar benefits to appellants, who were in the same cadre and perfor...

Land Acquisition – Notification under Section 48(1) – Notification for acquisition under Section 4(1) of the Land Acquisition Act 1894 takes away individual’s property rights, while a Notification under Section 48(1) confers benefits – Such notifications do not warrant notice or hearing to landowners – If anyone is aggrieved, it would be the beneficiary of the acquisi...

Burden of Proof – Full and Final Settlement – Defendants admitted receipt of Rs. 1,050,000/- and partial repayment of Rs. 500,000/-, claimed it as full and final settlement – No written proof of settlement – Oral evidence of mediators insufficient without documentary evidence – Defendants failed to prove the onus of settlement – Plaintiff entitled to recovery de...

Insurance Appeal – Recovery Right – Challenge against the High Court’s reversal of Tribunal Award granting recovery right to the petitioner-insurance company from vehicle owners, following a motor accident due to a driver with a fake license – Special Leave Petition filed by aggrieved insurance company. [Para 1] Motor Vehicle Accident – Fatal Accident Compensation ...

Condonation of Delay – Appeal against Order – Respondent's delay of 1011 days in preferring the Second Appeal condoned by the High Court – No sufficient or satisfactory explanation provided for the delay – Courts cannot entertain belated and stale claims on equity grounds – Delay defeats equity – The High Court failed to exercise discretion judiciously &ndas...

Civil Appeal – Rejection of Plaint – Examination of Order VII Rule 11, Code of Civil Procedure, 1908 (CPC) concerning the legality of partial plaint rejection – High Court’s erroneous application on both counts; misapplication of principles governing Order VII Rule 11 of the CPC, and impermissible partial rejection of the plaint. Appeal allowed, impugned order set aside, an...

Civil Appeal – Execution Proceedings under Order XXI of the CPC – Appeal by landlord against the delay and abuse of process in execution proceedings by the tenants – Historical delay in execution of decrees highlighted – Initial eviction decree obtained on the grounds of non-payment of rent, with decree holder entitled to execute the decree as per order dated 12.02.2013 &nd...

Civil Appeal – Recruitment of Ex-Servicemen as Village Development Officers – Appeal against High Court’s rejection of appellants’ claims for recruitment due to non-fulfillment of Ex-Servicemen status and essential qualification at the time of application – Appellants argued issuance of appointment letters and later release from Armed Forces as a valid claim for Ex-Se...

One Time Settlement (OTS) Scheme – Non-Performing Asset (NPA) – Bank initiated proceedings under SARFAESI Act – Respondent's loan account categorized as NPA – Respondent applied for OTS which was rejected by the bank due to eligibility criteria – High Court issued a writ of mandamus directing bank to consider the application positively – Supreme Court held t...