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 – Recovery of Excess Payment – No Misrepresentation or Fraud – Recovery Held Illegal – The appellants, retired Stenographers, were granted financial benefits based on retrospective promotions linked to Shetty Commission recommendations – After their retirement, recovery orders were issued on the basis of an erroneous interpretation of such recommendati...

Labour Law - Industrial Dispute – Reinstatement and Back Wages – Tribunal’s Award Set Aside – The Industrial Tribunal’s finding that the petitioner-workman was illegally refused employment and entitled to full back wages was based solely on the workman’s written statement, without any evidentiary basis – High Court held that the tribunal erroneously presum...

Service Law – Appointment – Regularization of Ex-Casual Labour – Respondent claimed benefit under APSEB policy dated 18.05.1997 for appointment as Lower Division Clerk (LDC) – Application rejected citing non-genuineness of service certificate and lack of typewriting qualification – High Court directed reconsideration of appointment ignoring typewriting requirement &nd...

Service Law – Removal with Terminal Benefits – Entitlement to Pension – Pension Directed - The respondent, a bank employee, was removed from service on charges of gross misconduct, with appellate authority modifying dismissal to removal with entitlement to terminal benefits – Held: Removal with terminal benefits under Clause 6(b) of the Bipartite Settlement allows pensi...

Civil Writ - Challenge to Selection Process – Alleged Irregularities in Evaluation – Dismissed – Petitioners contended that there were discrepancies in marks, improper scaling, and procedural irregularities – Court held that the selection process was conducted as per rules and in absence of specific material irregularities, challenge was liable to be rejected [Paras 39-48]....

BSF Service – Compulsory Retirement – Valid Exercise of Power – Petition Dismissed – The petitioner, a constable in BSF, was compulsorily retired under Rule 26 of the BSF Rules for unsuitability due to repeated acts of indiscipline – The Court held that Rule 26 allows retirement on unsuitability if the competent authority is satisfied after issuing a show-cause notice...

Service Law – Pay Scale Dispute – Assistant Professors – Appellant-Society managing private engineering colleges challenged the Bombay High Court's order granting 6th Central Pay Commission benefits to Respondent-teachers – The High Court directed re-designation of certain teachers as Associate Professors with pay band Rs. 37,400-67,000 and AGP Rs. 9,000 – Appella...

Service Law - Departmental Proceedings – Quasi-Judicial Function – Judges Protection Act – Protection granted – Appellant acted in quasi-judicial capacity as Tehsildar under Section 57(2) of the MP Land Revenue Code – No allegations of mala fide, extraneous consideration, bribery, or corruption – Mere irregularity or erroneous decision without dishonest intent n...

Service Law – Pension Entitlement – Deemed Opt-in Under Office Order – Pension Benefits Granted – The respondent, a retired Deputy Manager (Personnel) in Delhi Transport Corporation (DTC), did not explicitly opt for either the CPF Scheme or the GPF-cum-Pension Scheme within the prescribed period under the 1992 Office Order – As per para 9 of the 1992 Order, an employe...

Service Law - Constitution of India – Article 311(2) – Termination of Judicial Officers – Probation Termination – Petitioners, Ms. Sarita Choudhary and Ms. Aditi Kumar Sharma, terminated from service under Rule 11(c) of the M.P. Judicial Service (Recruitment and Conditions of Service) Rules, 1994 – Administrative Committee and Full Court resolutions based termination ...