Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]
Cr...
Service Law – Higher Pay Scale – Financial Constraints – Appellants contested High Court order granting revised pay scales to employees w.e.f. 1.1.1986 – Supreme Court upheld that financial constraints justified the Federation's decision to grant revised pay scales only from 1.1.1994 – Differentiation between employees of public sector undertakings and Central/Sta...
Widow of deceased soldier - Allotment of land - Symbolic possession - Revenue rasta (road) not assigned - Petitioner approached the court through a writ petition - Deceased soldier's gallantry - Widow allotted 10 acres of land - Symbolic possession of 8 acres delivered - Remaining 2 acres under forest cover - Petitioner not assigned revenue rasta – Held - respectful treatment for the sur...
Evacuee Property – Regularization of Possession – Displaced Persons – The appellant, an encroacher on evacuee land, sought regularization under policies dated 20.06.1978 and 08.01.1980 – Supreme Court held that evacuee land must be allotted to displaced persons as per Sections 14 and 20 of the Act – Allotment to encroachers is permissible only if no displaced persons ...
Civil Appeals - Interpretation of Contract Terms - Date of Conversion of Currency - Appellants and Respondents in dispute over the date for converting awarded sum from USD to Indian Rupees as per the agreement dated 29th June 1982 - Judgment of the High Court referred the question to the Supreme Court under Article 134A of the Constitution - Examination of the agreement, award, and previous judgme...
Securities and Exchange Board of India (Mutual Funds) Regulations 1996 – Mutual Fund Winding Up – Trustee’s Authority – Trustees must obtain consent of the majority of unitholders before winding up a scheme under Regulation 18(15)(c) – Regulation 39(2)(a) does not exempt trustees from seeking such consent – Consent should be post-publication of notice under Regu...
Civil Appeal - Partition Suit - Interpretation of Will dated 18.11.1999 - Dispute regarding succession to a property owned by Late Sheila Kapila - Issue revolves around the interpretation of clauses (i), (ii), and (iii) of the said Will - Division Bench of High Court affirmed the Judgment declaring the parties' shares based on the interpretation of the Will - Civil Appeal filed challenging the...
Recovery of excess pension - Pension erroneously fixed as service pension instead of reservist pension - Petitioner retired 50 years ago - Recovery sought to be made after retirement - Whether permissible - Held, recovery from Category-C and D employees or retired employees impermissible - Judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (Supra) applicable - ...
Administrative Law – Study Leave – Policy Decision – Appellant, a medical officer, denied study leave to pursue a postgraduate medical course due to a policy decision in response to the COVID-19 pandemic – Appellant argued that refusal was arbitrary and discriminatory under Article 14 – Supreme Court held the policy decision was neither arbitrary nor discriminatory bu...
Service Law – Age of Superannuation – Enhancement of Age – Appellants challenged the decision of the High Court directing retrospective application of the Government Order enhancing the age of superannuation from fifty-eight to sixty years – High Court held that the enhancement should be retrospective from 29 June 2002 – Supreme Court set aside the High Court's de...