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 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

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 ...

Service Law - Promotion Claim to Law Officer – Rejection by Principal Secretary – Petitioner, Sandeep Kumar, working in clerical cadre, challenges the rejection of his promotion to Law Officer under Himachal Pradesh Department of Irrigation and Public Health Legal Assistants (Class-III Non-Gazetted) Recruitment and Promotion Rules, 1996 and subsequent amendments. Petitioner sought prom...

Recruitment Examination – Non-conduct of scheduled recruitment exams for Constable (Executive) in Delhi Police during 2021 and 2022 – Petitioners, having become over-aged due to delay, seek interim relief to appear in the examination – Tribunal dismissed the interim relief – Petitioners' appeal for age relaxation and permission to participate in the examination. [Para 1...

Challenge to Tribunal’s Order – Petition against Central Administrative Tribunal's order directing review DPC for promotion of respondent No.4 retrospectively – Petitioners claim their seniority affected due to Tribunal's decision without their participation in the original application – Tribunal’s order based on Supreme Court’s interpretation of equival...

Civil Writ Petitions – Challenge to the notification issued by respondents splitting the post of Patwari into Junior and Senior Patwaris with different pay scales – Petitioners contending that the classification is arbitrary and violates Article 14 of the Constitution of India – Petitioners working as Patwaris under the Punjab Revenue Patwaris Class III Service Rules, 1966 &ndash...

Employees' Compensation – Permanent Disability – Compensation – The appellant, who suffered a 60% permanent disability due to a fall while working, was initially awarded compensation by the Commissioner based on a medical certificate – The High Court set aside this award based on a subsequent medical examination conducted after nine years, which found no permanent disab...

Excise Duty – Modvat Credit – The appellant claimed Modvat credit on 'Guide Cars' under Rule 57Q, asserting they were 'components' of Coke Oven Battery – The classification of 'Guide Car' by the supplier under Chapter sub-heading 8603.00 was upheld – 'Guide Car' found not to be an integral part of Coke Oven Battery but distinct equipment used...

Stamp Duty – Agreement to Sell – Possession – The agreements in question did not convey possession of the immovable property, as the plaintiff was already in possession prior to execution – Entry No. 5 (cc) of Schedule 1-A applicable under Punjab Stamp Act requires stamp duty on agreements evidencing delivery of possession – The trial court and High Court's orders...