Civil Law - MACT - Power of Review – Motor Accidents Claims Tribunal – Tribunal Lacks Power of Review – The Tribunal recalled its award and ordered recovery from the owner of the vehicle based on newly presented evidence – The Court held that the Tribunal has no inherent power of review under Section 169 of the Motor Vehicles Act, 1988, and cannot review its orders unless t...
Gift Deed – Validity and Acceptance – Section 126 of the Transfer of Property Act, 1882 – Gift Deed Upheld – The appellant challenged the validity of a registered gift deed dated 05.03.1983 executed in favor of the respondent – The appellant revoked the gift on 17.08.1987, claiming non-acceptance – Held: The gift deed was validly executed and accepted as it was ...
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...
Income Tax – Reassessment – Writ petition challenging reassessment based on an admitted error in filing – Petitioner made a mistake in the tax declaration under the Voluntary Disclosure Scheme, which led to a reassessment notice – The mistake was flagged to the authorities, including the Principal Commissioner of Income Tax (PCIT), but the mistake was not corrected, and rea...
Contract Law – Price Escalation – Clause 32A – Entitlement Confirmed – The plaintiff/respondent, an 'A' class contractor, was awarded contracts under the Kallada Irrigation Project. Due to delays caused by the defendants, extensions were granted without penalties. Held: The plaintiff is entitled to price escalation under Clause 32A of the principal agreement as the ...
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...
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 ...
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...