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

Land Law - Urban Land Ceiling – Vesting and Possession – Requirement of Compliance with Section 10(5) and 10(6) of ULC Act – Validity of Possession through Panchnama – Repeal Act, 1999 – State's failure to establish actual possession – High Court's interference with Single Judge's finding unjustified. Statutory Scheme – Vesting under Section...

Service Law – Recruitment to Academic Post – Relevant vs. Concerned Subject – Selection Not Interfered – Petitioner challenged appointment of selected candidate having Ph.D. in Botany for the post requiring Ph.D. in Horticulture – Court held: Selection Committee of subject experts considered Ph.D. thesis relevant (on African Marigold) and recommended appointment &ndas...

Service Law - Voluntary Retirement – Civil Servant Deputed to Army Postal Service – Retirement While on Deputation – Denied – The petitioner, holding a civil post with the Department of Posts and later commissioned in APS, sought voluntary retirement under Rule 48-A without repatriation – Tribunal held and High Court affirmed that such retirement from APS without repa...

Service Law – Delay in Pension and Gratuity Payment – Writ Allowed – The petitioner’s husband, a former Civil Judge (Senior Division), was dismissed from service on 28.02.2001, but his dismissal was quashed by the High Court on 09.03.2018 – Despite this, pension and gratuity were not released until March 2024 – Held: Denial of pension and gratuity despite the se...

Service Law – Recruitment Criteria – CGLE Notice vs. Recruitment Rules – Tribunal’s Order Set Aside – Petitioners challenged CAT’s order granting relief to candidates who were rejected for failing to meet the CGLE 2019 eligibility criteria – Tribunal held that the Recruitment Rules (RRs) would override the CGLE Notice – Held: The CGLE Notice merely c...

Service Law – Eligibility Criteria – Interpretation of 'Degree' under FSS Act and UGC Act – Postgraduate Degree Acceptable – The term ‘degree’ used in Rule 2.1.3 of the FSS 2011 Rules includes Bachelor’s, Master’s, or Doctorate degrees – Held: A candidate possessing a Master’s degree in the specified subjects (except Chemistry, wh...

Service Law – Resignation Under Duress – No Break in Service – Writ Petition Allowed – The petitioner, an Assistant Engineer in the Howrah Municipal Corporation, was required to resign before being released for deputation as an Executive Engineer under the Ministry of Surface Transport – Upon termination of deputation, he was reappointed as an Assistant Engineer but w...

Service Law – Project Affected Persons (PAP) – Delay and Laches – Claim Barred – Petitioner sought employment as a PAP based on land acquisition affecting his family – Initially employed on daily wages in 1993 and removed the same year – Request for reinstatement rejected in 1997 and reaffirmed in 2002 – Petitioner filed writ petition in 2024 – High ...

Labour Law - Compassionate Employment – Entitlement under NCWA – Respondent No. 5 (widow of the deceased employee) sought employment under Clause 9.3.2 of the NCWA-VI and VII, which provides for employment to a dependent of a worker who dies while in service – Employer contended that the employee was terminated after unauthorized absence before his death – Held: Since the e...

Service Law – Dismissal from Judicial Service – Challenge to Rejection of Representations – Doctrine of Laches - Delay in Seeking Writ Relief – Petitioners’ termination orders were passed in 2002, but the writ petition was filed in 2017 – Challenge to similar termination orders was previously dismissed by the Full Bench of the High Court in 2008, and a review wa...