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 - Termination of Service – Applicability of Natural Justice to Private Employment – Principles Not Attracted - Appellant employed in a private unaided institution terminated with three months’ salary as per employment rules – No statutory or contractual protection against termination without cause – Held: Employer not bound to provide show-cause or persona...

Army Law – Adverse ACRs – Bias and Concealed Downgrading – Appeal Allowed - The appellant, a highly decorated officer, was denied promotion due to two ACRs with allegedly biased and intentionally concealed lower ratings by the Initiating Officer (IO) – The Tribunal expunged only one ACR (07/18–06/19), but not the earlier one (12/17–06/18) despite identical circu...

Service Law - Constitutional Law – Pension Rights of High Court Judges – Suo motu writ petition initiated to address anomalies in pension, gratuity, and post-retirement benefits for High Court Judges including Additional Judges – Clubbed with multiple writ petitions involving retired Judges from district judiciary and bar – Held: All retired High Court Judges, irrespective ...

Service Law – Pay Scale Revision – Parity with Punjab Pattern – Petition Dismissed – Petitioner appointed as Draftsman in 1989 under the UT Administration pay pattern, but claimed entitlement to Head Draftsman scale of Rs. 2000–3500 after CITCO adopted the Punjab pattern in 1992 – Held: Original post held by petitioner aligned with Junior Draftsman in UT Adminis...

Writ - Service Law – Long-Term Ad Hoc Engagement Against Sanctioned Post – Abolition Order Held Arbitrary – Appeal Allowed - Appellant worked as Process Server on ad hoc basis since 1997 against a sanctioned post with pay scale, DA, and Grade Pay – Disengagement via abolition of post on basis of Office Memorandum dated 31.08.2019 was held arbitrary and a non-application of ...

Service Law – Departmental Misconduct – Disproportionate Punishment – Removal from Service Set Aside – Petitioner, a Class IV employee, was dismissed after being found guilty in a departmental enquiry for failing to arrive on time to escort a High Court Judge and allegedly being intoxicated – High Court upheld findings of misconduct based on statements of key witnesse...

Service Law - Seniority vs. Qualification – By-Transfer Appointment – Seniority Not Decisive – Although the petitioner (Rajashree A.V) was senior in service, her B.Ed. qualification was in Natural Science, which is not in the same faculty as Sociology – Respondent (Subairabi P.) held B.Ed. in Social Science, which falls under the same faculty as Sociology – Government...

Service Law - Termination of Contractual Employees – Participation in Protest – Order Quashed - Petitioners were disengaged from Class-IV contractual posts for alleged participation in protest without permission – Court held that the discharge orders lacked due process, including opportunity of hearing or show cause – Termination held unsustainable [Paras 1–6, 14&ndas...

Civil Writ – Service Law - Departmental Enquiry – Disproportionate Punishment – No Parity Violation – Dismissal Upheld – Respondent-doctor dismissed for drug misappropriation during a common enquiry – Tribunal had set aside dismissal citing discriminatory treatment vis-à-vis co-delinquents – High Court held doctors held higher responsibility than co...

Labour Law - Employees’ Compensation – Functional vs. Physical Disability – Liberal Interpretation – Compensation Enhanced – Appellant suffered multiple finger amputations in dominant hand while operating a forging machine – High Court restricted disability to 34% based on Schedule I – Supreme Court held that when multiple fingers are injured, functional i...