Service Law - ACP Scheme – Benefit of Past Service for Grant of 2nd ACP – Past Service Must Be Counted – The petitioner, a clerk, sought the 2nd ACP on completion of 9 years of service after being transferred from one Sessions Division to another – The Court held that the petitioner’s past service must be counted for the benefit of the ACP scheme since the rule restri...
Locus Standi – Plaintiffs' Lack of Standing – Section 8 of the Hindu Succession Act – Plaintiffs, grandchildren of the deceased Tej Pratap Singh, lacked locus standi to challenge his Will as they did not fall within the Class-I legal heirs during the lifetime of their mother, Ravinder Kaur, who was one of the legal heirs – The succession rights crystallized upon Tej Pra...
IBBI Disciplinary Action – Suspension of Registration – Charges Against Petitioner – Multiple Allegations Including Influencing Valuers, Non-Refundable Fees, Appointment of Unregistered Valuers, Excess Fees to Related Entity – Disciplinary Committee Found Petitioner Guilty on Several Charges – Petitioner Contended No Violation of Regulations [Paras 1-14].
Non-Refun...
Promissory Notes – Execution and Discharge – Plaintiff sought recovery of ₹1,95,615 based on promissory notes dated 02.05.1991, 06.05.1991, 26.06.1991, 19.11.1991, and 09.02.1992 – Defendant acknowledged execution of the notes but claimed discharge through various payments, including a disputed payment of ₹71,867 – Trial Court found the endorsements on the notes genuine...
Civil Writ – Labour Law - Principles of Natural Justice – Failure to Supply Interim Reports – The petitioner challenged the impugned order, arguing that it was passed without providing copies of interim reports prepared by the Social Security Officer, which were relied upon by the respondent – Held: The failure to supply the interim reports and not providing an opportunity ...
Specific Performance of Contract – Readiness and Willingness – Appellant sought specific performance of an agreement to sell immovable property – Trial court granted refund of earnest money but denied specific performance, accepting respondent as a bona fide purchaser – High Court reversed the decision, holding that the appellant proved readiness and willingness, and the re...
Partition Suit – Preliminary Decree – House Ownership – Allotment of Improved Property to Builder – The appellant and respondent were co-owners of the disputed suit land, with the appellant owning 4/5th and the respondent owning 1/5th – The respondent had constructed a wooden house on the suit land before the appellant became a co-owner – Held: In partition suit...
Service Law – Disciplinary Proceedings – Dismissal from Service – Challenge to Orders – Petitioners challenged their dismissal from service and subsequent rejection of appeals and revision petitions – Allegations included involvement in theft, neglect of duty, and misconduct – Inquiry officer exonerated petitioners of most charges except for neglect of duty &nda...
Rejection of Plaint - Partnership Act – Bar on Unregistered Firm Filing Suit – Applicability of Section 69 – Applicant (defendant) contended that the suit for specific performance filed by the respondent (plaintiff) was barred under Section 69 of the Indian Partnership Act as the plaintiff firm was not properly registered, and the person filing the suit was not a partner at the t...
Tenancy Law – Decree of Eviction – Original lease deed not marked as exhibit – Certified copy challenged – Appellant argued for applicability of West Bengal Premises Tenancy Act, 1997 – Appellate court upheld the trial court’s judgment dismissing appeal – No notice of renewal issued by appellant – Acceptance of rent post-lease expiry did not imply as...