Land Law – Common Land – Applicability of J&K Common Lands (Regulation) Act, 1956 – Section 1(4) of the Act expressly excludes applicability of the Act to areas declared as Municipalities – Land in question situated within Municipal Council, Udhampur – Respondents themselves admitted non-applicability of the Act – Held: Invocation of Common Lands Act, 1956 f...
Civil Law - Will – Proof and Suspicious Circumstances – Burden on Propounder – Deceased owner Buddhsen admittedly left behind wife and children as natural heirs – Defendant No.1 claimed title on the basis of Will dated 18.09.1985 – When Will excludes wife and children and bequeaths entire property to a non-relative belonging to a different caste, strong suspicious cir...
Local Self-Government – Removal of Elected Municipal President – Section 48(2-A), U.P. Municipality Act, 1916 – Meaning of “such inquiry as it may consider necessary” – Full-fledged inquiry mandatory – Petitioner, elected President of Nagar Palika Parishad, removed on allegations of corruption, favouritism in tenders and misuse of municipal funds – R...
Maintainability – Writ Appeal by Statutory Committee – Quasi-judicial authority not “aggrieved” – Admission Supervisory Committee constituted under Section 3 of Act 15 of 2017 passed orders withholding and cancelling admission under OBC category – Single Judge set aside Committee’s orders and declared student eligible – Committee filed writ appeal &n...
Land Acquisition – Vesting of Land – Section 16(2) of Land Acquisition Act, 1894 – Once possession taken and notification issued, land vests absolutely in acquiring body – Subsequent mutation claims by erstwhile landholders untenable pending adjudication of acquisition challenge [Paras 2, 9, 10].
Revenue Proceedings – Mutation and Khata – Section 136(2), Karn...
SARFAESI Act – Statutory Appeal – Mandatory Pre-deposit – Section 18 – Borrower challenged dismissal of Securitisation Application by DRT by filing writ petition under Article 226 – Single Judge directed deposit of amounts before Bank and treated same as statutory pre-deposit – Held: Second proviso to Section 18 mandates deposit of 50% of debt due, reducible onl...
Blacklisting – Indefinite Debarment – Violation of Natural Justice – Writ Petition Allowed – Petitioner company providing manpower services challenged blacklisting order passed by District Basic Education Officer without specifying duration – Blacklisting held to have serious civil consequences and cannot be open-ended – Failure to consider petitioner’s re...
Writ Jurisdiction – Article 226/227 – Disputed Questions of Fact – Insurance Coverage Dispute – Where adjudication requires examination of terms of master insurance policy and factual issues of deficiency in service – High Court ought not to exercise writ jurisdiction – Remedy lies before Consumer Forum [Paras 5, 7].
Home Loan – Loan Linked Insurance &n...
Service Law – Fixed Pay Policy – Graduate and Post Graduate Teachers – Equal Pay for Equal Work – Appellants appointed through regular selection process against sanctioned permanent posts of Graduate Teachers and Post Graduate Teachers – State policy restricted payment to 75% fixed pay for first five years – Held: Once appointed against regular posts after due s...
Banking Law – Foreclosure Charges – MSME Borrower – RBI Circular dated 07.05.2014 – Petitioner, a registered MSME, availed Term Loan and Overdraft Credit facilities – Bank levied foreclosure charges on prepayment of loans – Held: RBI Circular dated 07.05.2014 prohibits levy of foreclosure / prepayment charges on floating rate term loans to individual borrowers &...