Desertion and irretrievable breakdown of marriage, sustained for over two decades, constitute mental cruelty: Allahabad High Court Dissolves 34-Year-Old Marriage Acquittal in Criminal Case Must Prompt Review of Dismissal: Telangana High Court There Must Be an Intention to Provoke or Drive the Victim to Commit Suicide: High Court Discharges Accused in Abetment of Suicide Case Plaintiffs' Claim of Private Ownership Over Public Road Fails: Balance of Convenience Favors Defendants, Rules Bombay High Court No Prima Facie Case Against Petitioners: Calcutta High Court Quashes FIR on Unauthorized Construction Suspicious Circumstances Invalidated Unregistered Will in Partition Dispute: Supreme Court Consent from State Not Required for Investigation of Offenses Under Central Acts Against Central Government Employees: Supreme Court Suspicious Circumstances Must Be Resolved Even After Valid Execution of Will: Supreme Court Procedural Rules Cannot Obstruct Access to Justice: Litigants Should Not Suffer for Counsel's Negligence: Supreme Court Restores Suit Dismissed Ex-Parte Writ Jurisdiction Cannot Be Used to Reappreciate Evidence or Reverse Well-Founded Factual Findings: Supreme Court IBC | Corporate Guarantee Under Hypothecation Deeds Qualifies as Financial Debt: Supreme Court Beneficial Legislation Must Be Interpreted Purposively to Protect the Rights of Senior Citizens: Supreme Court Quashes Gift Deed Executed by Senior Citizen Attempt Must Go Beyond Preparation: Rajasthan High Court Alters Conviction in 33-Year-Old Case Punjab & Haryana High Court Directs Aided Institution to Pay Leave Encashment to Retired Employees Kerala High Court Allows Review Petitions in Custody Dispute, Recalls Earlier Judgment Granting Interim Custody to Father Copyright in Sound Recordings Must Be Protected: Delhi High Court in Interim Injunction Grounds of Arrest Must Be Served in Writing, But Remand Report Can Satisfy Constitutional Mandate: Andhra Pradesh High Court

"SERVICE LAW" Digest

Disciplinary Proceedings – Judicial Officer’s Integrity Questioned – Petitioner, a former Judicial Officer, suspended and prevented from retiring on superannuation due to allegations of involvement in a telephonic conversation regarding financial transactions linked to a criminal case – Charges framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal)...

Land Acquisition and Railway Employment Policy – Petitioners claim employment as a right following land acquisition by Railways – Question of policy application in granting jobs for land acquired for railway projects – Monetary compensation deemed primary, employment secondary and conditional – Review of Railway employment policy implications. [Paras 1, 2, 4, 8, 16-17] &...

  Selection Process and Appointment Invalidity – Writ Petition – Challenge to the selection processes by the West Bengal Central School Service Commission for appointment to various teaching and non-teaching positions – Court finds extensive procedural irregularities and illegalities, including appointments made outside of the merit panel, manipulation of Optical Mark Rec...

Service Law - Constitutional Law – Equality and Non-Discrimination – Article 14 and 16 of the Constitution of India – The High Court examined the validity of the State's decision rejecting the petitioner's candidature for the post of Head Teacher based on her teaching experience in another State and as a guest teacher. The Court emphasized that appointments to public post...

Labour Law - Workmen's Compensation Act – Claim for Compensation Dismissed – The High Court affirmed the decision of the Competent Authority under the Workmen's Compensation Act, 1923, dismissing the claimant's application for compensation due to lack of evidence proving loss of earning capacity. [Para 1, 6]   Evidence and Proof – Requirement for Claiming C...

Employment Law – Voluntary Resignation – Petitioner's resignation accepted by the bank – Claim of coercion and ill health in resignation – Discrepancy in documents presented by petitioner and respondent – Petitioner's claim dismissed on grounds of incorrect documentation and delay in approaching the court. [Paras 8-9, 10, 15] Medical Leave – Claim of ...

Service Law - Promotion of petitioner to the post of Hindi Master - Interpretation of circular and cut-off dates - Denial of promotion found to be wrongful and unjustified - Writ petition allowed - Directions to consider petitioner's case for promotion on the post of Hindi Master in accordance with Punjab State Education Class III (School Cadre) Service Rules 1978 - Petitioner ranked at senior...

Service Termination - Appellant’s challenge against termination of services as temporary Collection Peon – Petitioner’s promotion based on interim order after termination – Court’s analysis of validity of continued service and promotion – Division Bench’s conclusion upheld. [Paras 1-12] Employment Law - Termination of Services - Validity - Petitioner ap...

Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...

Disciplinary Proceedings in Banking Sector – Petitioner, a Scale-II officer in Bangiya Gramin Vikash Bank, challenges the disciplinary process including charge-sheet dated 7th June 2013, enquiry findings, and subsequent orders of punishment and appellate authority – Allegations of financial irregularities and misconduct as Branch Manager – Issues around the procedural aspects of ...