Procedural Lapses and Prolonged Incarceration Justify Bail Under NDPS Act: Bombay High Court Mere Non-Deposit of Sale Balance Is Not Fatal to Specific Performance Claims: Andhra High Court Justice Requires Insurance Company to Pay and Recover: Calcutta High Court on Fatal Accident Case IBC Moratorium Nullifies Vicarious Liability Under Section 138 of NI Act: Delhi High Court Fraud Unravels All: Partition Decree Set Aside for Suppressing Rights of Co-Owners: Madras High Court Matters of Evidence Must Be Examined at Trial, Not Preemptively Quashed: Kerala High Court Declines Quashment Leave Encashment Is a Property Right and Cannot Be Denied Without Statutory Authority: Gujarat High Court Widow's Right to Deceased Husband’s Property Ceases Upon Remarriage Before 1956: Himachal Pradesh High Court No Reassessment of Departmental Inquiries by Courts, Orders Interest on Delayed GPF Payments: P&H High Court Investigations Initiated Before BNSS, 2023, Must Proceed Under Cr.P.C., 1973: Rajasthan High Court Third-Party Objector’s Locus Standi in Criminal Cases Must Have a Bona Fide Connection: Madhya Pradesh High Court Amendments After Trial Commences Barred Without Demonstration of Due Diligence - Contradictory Claims Cannot Be Permitted: Punjab & Haryana High Court Double Presumption of Innocence in Appeals Against Acquittals Must Be Respected: Himachal Pradesh High Court Upholds Acquittal in Rape and Carnal Intercourse Case Provisional Release Not Prejudice Revenue Interests: Kerala High Court Permits Provisional Release of Seized Goods Under GST Act GST Registration Cannot Be Cancelled Retrospectively Without Objective Criteria:  Delhi High Court Neither the Statutory Framework nor Lease Terms Compel Conveyance of Property: Supreme Court Owner Can Avoid Confiscation Under NDPS by Proving Lack of Knowledge or Connivance in Illicit Use of Vehicle: Supreme Court Court is Expert of Experts: High Court Upholds Right to Rebuttal Evidence in Will Dispute Exceptional Circumstances Warrant Use of Inherent Powers to Reduce Sentences in Non-Compoundable Offenses: Supreme Court

"SERVICE LAW" Digest

Labour Law – Reinstatement vs. Compensation – Non-compliance with Section 25-F – Labour Court found termination invalid due to non-compliance with Section 25-F of the Industrial Disputes Act but denied reinstatement, awarding Rs. 1,20,000 as compensation – Held, compensation inadequate for 10 years of service – Following principles in similar cases, compensation incre...

Service Law – Termination of Judicial Officer – Allegations of Illicit Relationship – Petitioner's service terminated based on allegations by another judicial officer's wife – No evidence supporting allegations – Held, termination based on unsubstantiated allegations is unjust – Petitioner's termination order quashed – Petitioner entitled to re...

Service Law - Promotion and Revised Pay Scale - Entitlement - Petitioners promoted to Superintendent Grade-I - Promotion order not withdrawn - Petitioners continued to work and retired as Superintendent Grade-I - Held, petitioners entitled to revised pay scale as per 2009 Rules from the date of promotion till retirement - Objection by respondents on the legality of promotion overruled - Petition a...

Service of Summons - Ex-Parte Divorce Decree - Personal Service Requirement - High Court Rules and Orders - Civil Procedure Code, 1908 - Hindu Marriage Act, 1955 - The appellant challenged an ex-parte divorce decree, arguing she was served notice through a newspaper with limited circulation in her area. The court emphasized that all possible efforts should be made to serve the respondent personall...

Service Law - Appointment under Sportsperson Category - Validity - Punjab State Civil Services Combined Competitive Examination (PCS) 2009 - Appointment to PCS (Executive Branch) and Excise and Taxation Officer under Sportsperson category - Petitioner contended the illegality of appointments based on the non-affiliation of School Games Federation of India (SGFI) with the Indian Olympic Association...

Service Law - Ad hoc/Work-charged service - Seniority and financial benefits - Petitioners sought counting of ad hoc/work-charged service for seniority, additional increments, higher standard pay scales, and ACP scales - Held, ad hoc/work-charged service followed by regular service cannot be counted for purposes of seniority and financial benefits such as additional increments and higher standard ...

Service Law - Post-Retiral Dues - Interest on Delayed Payment Interest on Delayed Post-Retiral Dues – Petitioner claimed interest on delayed payment of retiral benefits – Held, delay caused due to petitioner’s failure to complete formalities – No intentional or willfuldelay by respondents – Petitioner not entitled to interest on delayed payments – Tribunal's...

Service Law - Suspension Period - Acquittal of Delinquent Officer - Rule 7.3(2) of Punjab State Electricity Board Main Service Regulations, 1975 - Treatment of Suspension Period Post Acquittal - The court held that an acquittal, whether on technical grounds or due to paucity of evidence, should be considered an honorable acquittal. The petitioner cannot be penalized by treating the suspension peri...

Service Law – Adverse Remarks in ACR – Quashing of Adverse Remarks – Petitioner, a judicial officer, challenged adverse remarks in ACR for 2010-11 and compulsory retirement – Adverse remarks included issues of integrity and conduct – Petitioner argued no material evidence or complaints to support adverse remarks – High Court found adverse remarks inconsistent wi...

Service Law – Disability – Compulsory Retirement – Petition challenging order retiring petitioner on medical grounds due to disability – Petitioner contracted ‘diffuse brain atrophy and parkinsonism’ while in service – High Court held that the petitioner should have been offered an alternative post per Section 47 of the Persons with Disabilities Act &ndash...