State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"SERVICE LABOUR LAW" Digest

Service Law – Pension – Counting of Work-Charged Service – Employee initially appointed in work-charge capacity and later regularized—Denied benefit of work-charged period for pensionary computation—Circulars dated 6.8.1993 and 9.8.1994 allowed counting of such service subject to option and refund of EPF contribution—Respondent claimed lack of notice and sought ...

Service Law - Promotion – Sealed Cover Procedure – Departmental Proceedings Initiated After DPC – Not Permissible – Respondent recommended for promotion by DPC – Sealed cover procedure adopted on the ground that vigilance case was pending – However, charge sheet was issued only after recommendation – Held: Sealed cover procedure invalid as per Para 6 of ci...

Judicial Discipline – Adverse Remarks Against Subordinate Judiciary – High Court, while remanding a civil case, made disparaging observations describing the trial judge’s approach as “hasty, slipshod and perfunctory” and directed that a copy of the order be placed in his service record – Held: Remarks unwarranted and contrary to principles of judicial restraint ...

Public Employment – Eligibility/Cut-off Date – Qualifications must exist by last date for applications – Appointment illegal where candidate did not possess M.D. on cut-off date – Applying Ashok Kumar Sharma (review) line of authorities – In absence of a date in rules/advertisement, last date for filing applications governs eligibility – Appellant acquired M.D. ...

Service Law – Premature Termination - Statutory Appointment – Applicability of Doctrine of Pleasure – Tenure Protection Under Special Statute – Termination Set Aside – The respondent’s appointment as Chairperson, NCTE was terminated by the Union of India citing the doctrine of pleasure under Article 310 – The Court held that the post was governed by a spec...

Freedom Fighters’ Pension – Date of Commencement – Grant Based on Secondary Evidence – Pension Not Payable From Application Date – The respondent’s claim for freedom fighter’s pension was allowed on the basis of secondary evidence, namely oral testimony from another detenue and not on a primary document like a jail certificate – Held: Following prece...

Service Law - Disciplinary Proceedings – Minor Penalty – Personal Hearing Not Mandatory – Rule 21 of Punjab Civil Services Rules – High Court's Error in Quashing Penalty – The respondent, a Sub-Divisional Engineer, was awarded the penalty of stoppage of two increments with cumulative effect after the disciplinary authority disagreed with the Enquiry Officer’...

Service Law - Regularization – Government Company Employees – Absence of Right to Regularization – Industrial Disputes Act – Daily Wagers Not Entitled to Absorption – The employees of Hindustan Aeronautics Ltd., a government company, claimed regularization and parity in wages with regular staff despite being casual workers engaged under settlement agreements – H...

Disability Pension – Schizophrenia – Pension Regulations, 1961 – Regulation 173 and Appendix II – Medical Board opined illness not attributable to military service – Held: High Court erred in granting pension merely because no disease was recorded at time of enrolment – Clause 7(c) requires proof that conditions of military service determined or contributed to t...

Service Law - Disciplinary Proceedings – Continuation after Superannuation – Regulation 20(3)(iii), Punjab National Bank Service Regulations – Validity Affirmed – Disciplinary proceedings initiated before retirement can continue after superannuation by virtue of legal fiction under Regulation 20(3)(iii) – Employee deemed to be in service until conclusion of proceeding...