Allahabad - Public Procurement - The court upheld the restrictive tender conditions as serving public interest in reducing air pollution, emphasizing limited judicial review in administrative decisions.

(A) Constitution of India - Article 14, Article 19(1)(g), Article 21 - Writ petition challenging E-Tender conditions - Petitioner excluded from tender due to restrictive clause requiring manufacturers to be located within NCR or 100 km radius - Court held that the clause serves public interest by a Read more.

Central Administrative Tribunal - Service Law - Recovery from Group C employees is impermissible without misrepresentation or fraud, and due process must be followed, including providing an opportunity for a hearing.

(A) Central Civil Services (Revised Pay) Rules, 2008 - Principles of Natural Justice - Recovery of excess payment - The applicant challenged the recovery of Rs. 3,20,777/- imposed without a hearing, claiming it violated principles of natural justice and was contrary to the Apex Court's ruling in St Read more.

Central Administrative Tribunal - Writ Jurisdiction - The termination of the Larsgess Scheme by the Supreme Court precludes any claims for appointment under it, affirming that no vested rights exist under a discontinued scheme.

(A) Writ Jurisdiction - Quashing of order - Appointment under Larsgess Scheme - The applicant sought to quash the order rejecting his appointment due to alleged non-recognition of educational certificates - The respondents contended that the scheme was discontinued, referencing a Supreme Court judg Read more.

Central Administrative Tribunal - Employment and Service Matters - The Tribunal ruled that EWS certificates validly issued after the cut-off date due to COVID-19 restrictions should be recognized, emphasizing principles of natural justice and fairness.

(A) Administrative Tribunals Act, 1985 - Section 19 - Quashing of deficiency memo and rejection order - Applicants sought relief against the rejection of their candidature for TGT Hindi (Male) post due to late submission of EWS certificates, citing COVID-19 restrictions as the reason for delay - Th Read more.

Central Administrative Tribunal - Education Law - Promotions in the Education Department must adhere to verified qualifications and established seniority, ensuring fair treatment of all candidates.

(A) Education Department Regulations - Seniority List - Promotion Criteria - The applicants, appointed as Computer Science Teachers, challenged the inclusion of private respondents in the seniority list and their promotion as Incharge Lecturers, claiming it disturbed their seniority. The court foun Read more.

Central Administrative Tribunal - Service Matters - The court ruled that financial upgradation for eligible applicants does not require functional changes and should be granted retrospectively from their due dates.

(A) Promotion and Pay Fixation - The applicants sought to set aside an order regarding promotion effective from the date of assumption without retrospective effect, and to receive arrears from their promotion dates. The impugned order stated that promotions would not have retrospective effect. (Par Read more.

Central Administrative Tribunal - Recruitment and Employment - The court ruled that the applicant's qualifications met the requirements for the post, emphasizing that the right to government appointment is not absolute but must adhere to prescribed qualifications.

(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment process - The applicant challenged the rejection of his candidature for the post of Labour Enforcement Officer on grounds of lacking requisite educational qualifications. The court found that the applicant's qualifications met the re Read more.

Central Administrative Tribunal - Pension and Retirement Benefits - Pension and gratuity are statutory rights that cannot be withheld without proven misconduct; delays in disbursement due to mala fide actions warrant interest compensation.

(A) Administrative Tribunals Act, 1985 - Section 19 - Pension and gratuity are statutory rights and cannot be withheld without proven grave misconduct - Delay in disbursement of retirement benefits due to mala fide actions of officials - Applicant retired as Chief Scientist and sought interest on w Read more.

Central Administrative Tribunal - Employment and Service Law - Transfer orders must balance administrative needs with personal circumstances, especially in cases of hardship.

(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer order - The applicant challenged a transfer order on grounds of personal hardship and violation of transfer policy, citing the medical condition of his wife and the need to care for his children and ailing parents. (Paras 3, 5, 10, 11) Read more.

Central Administrative Tribunal - Service Matters - Government employees cannot be paid less than their juniors, and denial of equal pay constitutes discrimination under the principles of natural justice.

(A) Fundamental Rules - Rule 22C - Pay fixation - Applicants sought stepping up of pay at par with junior employee, citing previous judgments - Respondents rejected the claim on grounds of delay and lack of parity - Court found that applicants were similarly situated and entitled to benefits under Read more.

Central Administrative Tribunal - Tribunal Proceedings - The execution of a tribunal order requires specific directions for payment; substantial compliance is insufficient for salary arrears not explicitly ordered.

(A) Administrative Tribunal Act, 1985 - Section 27 - Execution of judgment - The applicant sought execution of a prior order reinstating her late husband and granting consequential benefits, including salary arrears. The respondents contended that no specific direction for salary payment was given, Read more.

Central Administrative Tribunal - Service Law - Notional promotions do not entitle an employee to monetary benefits unless actual duties in the promoted posts were performed.

(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion claims - Applicant sought to quash orders granting notional promotions without monetary benefits and to claim arrears and consequential benefits - Court upheld that notional promotions do not entitle the applicant to monetary benefits Read more.

Central Administrative Tribunal - Service Law - Promotion denial based on caste discrimination violates constitutional rights and statutory provisions, necessitating compliance with reservation policies.

(A) Administrative Tribunals Act, 1985 - Section 19 - J&K Reservation Act - Promotion denial - Applicant, a Scheduled Caste member, denied promotion to Tractor Driver despite eligibility and qualifications, while others received promotions - Respondents failed to comply with High Court directions a Read more.

Central Administrative Tribunal - Disciplinary Proceedings - The withholding of leave encashment and group insurance is arbitrary without a clear possibility of recoverable amounts due to pending disciplinary proceedings.

(A) CCS (CCA) Rules, 1965 - Rule 14 - CCS (Leave) Rules, 1972 - Rule 39(3) - Disciplinary proceedings - Applicant challenged the withholding of leave encashment and group insurance post-retirement due to pending disciplinary proceedings initiated a day before retirement - The Tribunal found the wit Read more.

Central Administrative Tribunal - Service Law - The Tribunal upheld the seniority fixation of the applicant at the bottom of the 2019 batch due to her failure to resign through proper channels, affirming the application of governing rules.

(A) Office Memorandum dated 6th June, 1978 - Seniority fixation - The applicant, an OBC candidate, challenged her placement at the bottom of the 2019 batch seniority list due to delayed joining after resignation from Military Nursing Services - The Tribunal found no illegality in the respondents' d Read more.

Central Administrative Tribunal - Service Law - The court upheld the validity of roster-based promotions under the J&K Reservation Rules, affirming that seniority must be determined based on actual promotion dates, not retrospective claims.

(A) Constitution of India - Articles 14 and 16 - J&K Reservation Act, 2004 - Seniority fixation and promotion based on roster points - The petitioner challenged the seniority of respondents promoted as Senior Lecturers and Incharge Principals based on roster points, claiming it violated constitutio Read more.

Central Administrative Tribunal - Public Employment - Recovery of House Rent Allowance from long-term occupants without formal allotment is impermissible, emphasizing the need for a transparent allotment policy.

(A) Jammu and Kashmir Civil Services (House Rent Allowance and City Compensatory Allowance) Rules, 1992 - Article 41 - Writ of Mandamus and Certiorari - Petitioners, police personnel, challenged eviction and recovery of HRA after occupying government quarters for 15-17 years without formal allotmen Read more.

Central Administrative Tribunal - Employment and Recruitment - OBC status is inherent and not contingent on the issuance date of certificates; arbitrary cut-off dates infringe upon fundamental rights.

(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment process - Applicants sought relief for consideration of their OBC (NCL) certificates issued post cut-off date for a Junior Engineer position - Court emphasized that OBC status is inherent and not contingent on certificate issuance da Read more.

Central Administrative Tribunal - Pension and Retirement Benefits - Recovery of amounts from retirement benefits without individual liability assessment and notice violates principles of natural justice.

(A) CCS Pension Rules - Rules 9 and 71 - Recovery of amount from gratuity - Applicant, a retired Postal Assistant, challenged recovery of Rs. 55,930/- for alleged subsidiary liability in misappropriation case - Recovery was made without individual assessment of responsibility and without notice, vi Read more.

Central Administrative Tribunal - Service Matters - The court upheld the transfer of the applicant based on administrative exigencies, ruling that her claims of being transferred to a lower post were unfounded.

(A) Transfer of Service - Administrative Exigencies - The applicant, a Lady Social Welfare Organizer, challenged her transfer to a lower post, claiming no such post existed at the new location. The court found the transfer justified based on administrative needs and the applicant's previous admissi Read more.

Central Administrative Tribunal - Service Law - The court ruled that delays in joining due to the previous employer's actions should not adversely affect the applicant's seniority, emphasizing the correct application of seniority rules.

(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion and seniority - Applicant challenged the Office Order dated 17.08.2022, which placed her at the bottom of the 2018 batch instead of her rightful position in the 2017 batch due to delayed joining - The delay was attributed to the erstwh Read more.

Central Administrative Tribunal - Service Matters - Recovery of excess salary from retired employees is impermissible if the excess payment was made without misrepresentation or fraud, especially when the employee is due to retire within one year.

(A) Administrative Tribunals Act, 1985 - Section 19 - Recovery of excess salary - Applicant challenged the order for recovery of Rs.21,31,287/- deducted from his retiral dues due to an erroneous date of birth entry in service records - The applicant's actual date of birth is 23.03.1960, but was inc Read more.

Central Administrative Tribunal - Review Applications - A review application cannot be based on new evidence or facts not presented during the original decision, and the scope of review is limited to errors apparent on the face of the record.

(A) Central Administrative Tribunal (Procedure) Rules, 1987 - Rule 22(3)(f) and Rule 17 - Review Application - The review application was filed seeking to challenge the dismissal of the original application as time-barred due to inordinate delay and lack of sufficient cause - The applicant argued t Read more.

Central Administrative Tribunal - Pension and Retirement Benefits - Recovery of excess payments from employees is impermissible when no fraud or misrepresentation is involved, emphasizing adherence to natural justice principles.

(A) SRO 149 of 1973 - Recovery of excess payment - The applicants challenged the withholding of gratuity and reduction in pension due to alleged wrongful extension of benefits under SRO 149 of 1973. The court found no fraud or misrepresentation by the applicants. (Paras 1-4) (B) Natural Justice - T Read more.

Central Administrative Tribunal - Recruitment and Employment - The court affirmed that waiting lists must be utilized according to established guidelines, allowing candidates to be appointed when vacancies arise from resignations.

(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment process for Forest Guard - Applicant placed at serial no. 1 in the waiting list seeks inclusion in the final selection list due to vacancies arising from resignations - The waiting list must be utilized as per the guidelines provided Read more.

Central Administrative Tribunal - Employment Law - The Tribunal upheld the compulsory retirement of the applicant, affirming that such decisions are based on the subjective satisfaction of the competent authority and cannot be interfered with unless arbitrary or lacking material.

(A) Administrative Tribunals Act, 1985 - Section 19 - Compulsory retirement - Applicant challenged the order of compulsory retirement issued under Rule 55(A) of BSNL CDA Rules, 2006, claiming it was arbitrary and without basis - The Tribunal found the order was based on a review committee's recomme Read more.

Central Administrative Tribunal - Employment Benefits - The denial of 5th Central Pay Commission benefits to similarly situated employees constitutes discrimination, necessitating equal treatment under the law.

(A) Central Pay Commission - 5th Central Pay Commission - The applicant sought benefits of the 5th CPC from 1.1.1996, which were denied despite similar cases being settled in favor of other employees - The Tribunal found that the applicant was similarly situated and entitled to the same benefits. ( Read more.

Central Administrative Tribunal - Service Law - The court affirmed that seniority must be respected in promotions, especially for candidates with valid reservation certificates, quashing the improper promotion of junior candidates.

(A) J&K Reservation Act, 2004 - J&K Reservation Rules, 2005 - The applicant, a resident of a backward area, sought promotion under the RBA category after obtaining the necessary certificate. Despite being senior, his claim was ignored in favor of junior candidates. The court found that the placemen Read more.

Central Administrative Tribunal - Service Law - Service rendered prior to regularization must be counted for MACP benefits, ensuring fair treatment of employees in service recognition.

(A) Central Administrative Tribunal Act, 1985 - Service Benefits - The applicants sought to quash the rejection of their claims for 2nd and 3rd MACP benefits based on their continuous service, including half of their service prior to regularization. The Tribunal found that the applicants had comple Read more.

Central Administrative Tribunal - Public Service Commission - The court ruled that the applicant's M.Phil degree obtained through distance mode was valid and should have been considered in the selection process, emphasizing adherence to the selection rules.

(A) Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980 - Rule 40 and Rule 51 - Selection process for Lecturer (10+2) Hindi - Applicant applied for exemption from screening test based on higher qualification (M.Phil) but was denied marks for it - Court found that the ap Read more.

Central Administrative Tribunal - Employment Transfers - The Tribunal upheld the administrative discretion in transfer policies, dismissing challenges unless clear irregularities are shown.

(A) Transfer Policy - Department of Defence Production, Government of India dated 10.02.2017 - Challenge to transfer orders - Applicants sought to contest transfer orders, but the case became infructuous for most applicants due to retirement or acceptance of transfer - The Tribunal found no grounds Read more.

Central Administrative Tribunal - Tribunal Proceedings - The Tribunal allowed the withdrawal of the application regarding pay fixation with liberty to address ante dating of promotion, excluding the time consumed in the OA as per Section 21 of the Administrative Tribunals Act, 1985.

(A) Administrative Tribunals Act, 1985 - Section 21 - Pay fixation anomaly - Applicants sought to quash orders regarding pay fixation following the 5th Pay Commission and ICFRE Technical Service Rules, 2013 - The applicants were initially granted a grade pay of Rs. 4600/- but claimed entitlement to Read more.

Central Administrative Tribunal - Public Employment - The court mandated the implementation of the 7th Central Pay Commission recommendations for the applicants, emphasizing the need for timely action by the respondents.

(A) 7th Central Pay Commission Recommendations - Implementation - The applicants, working as Lecturers/HoD, sought proper pay and salary as per the 7th CPC recommendations from 1.1.2016, claiming the respondents' failure to implement these recommendations was arbitrary and illegal. The respondents Read more.

Central Administrative Tribunal - Pension Law - An employee is entitled to a notional increment for pension purposes even if they retire the day before it is due, preventing arbitrary denial of earned benefits.

(A) Administrative Tribunals Act, 1985 - Section 19 - Notional increment for pension - Applicant sought a notional increment for the period from 01st January, 2019 to 31st December, 2019, which was not granted upon retirement - The Supreme Court established that denying an earned increment punishes Read more.

Central Administrative Tribunal - Public Employment - An applicant cannot claim a right to an unfilled EWS seat if they applied as a general category candidate; discretion remains with the employer regarding filling such vacancies.

(A) Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training - OM dated 31.01.2019 - Reservation for Economically Weaker Sections (EWS) - The applicant sought to fill an unfilled EWS seat for PGT Sociology, claiming eligibility based on qualificat Read more.

Central Administrative Tribunal - Pension Law - Retired employees are entitled to notional increments for pension benefits despite retiring just before the increment date, as per Supreme Court directives.

(A) Administrative Tribunals Act, 1985 - Section 19 - Notional increment for pensionary benefits - Applicants retired on 30th June and 31st December sought notional increments due on 1st July and 1st January - Supreme Court's interim order in SLP No.4722/2021 emphasized that satisfactory service sh Read more.

Central Administrative Tribunal - Contempt of Court - Substantial compliance with Tribunal orders suffices to close contempt proceedings, even if the applicant disputes the adequacy of compliance.

(A) Indian Railway Medical Manual - Paragraphs 512(1)(B), 519, 523, and 522(ii) - Contempt petition for non-compliance of Tribunal order regarding re-medical examination of employee - The applicant was declared medically unfit but provided a fitness certificate from a senior eye surgeon - The Tribu Read more.

Himachal Pradesh - Service Matters - The court upheld that claims based on prior judgments are restricted to original parties, and unreasonable delay can bar claims in service-related disputes.

(A) Pay Scale - Judgment in Kurmo Devi case - The petitioner sought the benefit of pay scales of Rs.2400-4000/- and Rs.2850-4375/- based on a prior judgment, which was restricted to the original petitioners - The respondents declined the request citing the judgment's limited applicability. (Paras 2 Read more.

Madhya Pradesh - Public Employment - The court established that suitability and qualifications are paramount in appointment decisions, not merely the number of votes received.

(A) Madhya Pradesh Uchanyayalay (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 - Section 2(1) - M.P. Land Revenue Code, 1959 - Section 222 - Intra-court appeal against the order allowing a writ petition for appointment to the post of Patel - The learned Single Judge set aside the Board of Revenue's ord Read more.

Madhya Pradesh - Natural Justice - The principles of natural justice are flexible; lack of a hearing does not invalidate an order unless it causes demonstrable prejudice.

(A) Constitution of India - Article 226 - Writ petition seeking quashing of relieving order and reinstatement - Petitioner failed to challenge the order dated 07.04.2025, which was passed without a hearing - Court noted that the petitioner was found guilty of misconduct in examination-related work Read more.

Madhya Pradesh - Public Employment - The appointment of an In-charge Principal must be authenticated by the Governor as per Article 166 of the Constitution, and failure to do so renders the order invalid.

(A) Madhya Pradesh Uccha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 - Section 2(1) - Constitution of India - Article 226 and Article 166 - Intra court appeal challenging dismissal of writ petition regarding appointment of In-charge Principal - The impugned order was issued without prop Read more.

Madras - Public Order - Customary celebrations should be upheld unless substantial evidence of potential disruption exists, emphasizing timely consideration of requests for police permission.

(A) Writ Petition - Police Protection - The petitioner sought to quash the respondent's order denying permission for a cultural programme during a temple festival, citing past peaceful celebrations. The respondent's rejection was based on potential law and order issues. The court referenced prior r Read more.

Madras - Public Order - Traditional cultural programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.

(A) Writ of Mandamus - Police Protection - The petitioner sought to quash the order denying permission for a cultural program during a temple festival, citing past peaceful celebrations. The court emphasized the need for police to grant permission for traditional events unless a clear law and order Read more.

Supreme Court - Service Law - (1) Writ Jurisdiction – Limitation – Unexplained delay or laches is considered one of factors which could assume significance in denying relief when discretionary writ remedy is invoked.
(2) Representation – Cause of action cannot be deferred by making a highly belated representation and awaiting its outcome – A representation though not provided in relevant rules governing service could yet be necessary and imperative when a legitimate service benefit is not conferred on aggrieved applicant-public servant by employer on his own either due to inaction or otherwise.

(A) Administrative Tribunals Act, 1985 – Sections 20 and 21 – Constitution of India – Article 226 – Writ Jurisdiction – Limitation – Unexplained delay or laches is considered one of factors which could assume significance in denying relief when discretionary writ remedy is invoked – In an appropria Read more.

Supreme Court - Disciplinary Proceedings - The failure to provide an enquiry report to a government servant before disciplinary action violates natural justice, rendering the proceedings invalid.

(A) U.P. Government Servants (Discipline and Appeal) Rules, 1999 - Rule 7(vii) and Rule 9(4) - Disciplinary proceedings - The Tribunal set aside the punishment order due to non-compliance with procedural requirements, including failure to supply the enquiry report to the respondent - The High Court Read more.

Supreme Court - Public Employment - Leave encashment for government servants is limited to a maximum of 300 days upon retirement, and no second encashment is permitted after re-employment.

(A) Sikkim Government Services (Leave) Rules, 1982 - Rule 32 and Rule 36 - Leave encashment - The respondent, after retirement, was granted leave encashment for 300 days but was denied a second encashment upon re-employment based on the State's clarification that such benefit is not permissible bey Read more.

Supreme Court - Public Service Promotion - Promotion decisions must consider the entire service record, with past adverse entries losing significance unless related to dishonesty or integrity issues.

(A) IAS (Pay) Rules, 2016 - Clause VI of the Principles regarding Promotion of Members of IAS - Promotion to Chief Secretary grade - Selection governed by availability of 90% ACRs - Screening Committee found appellant ineligible due to missing ACRs and poor performance - Review Committee upheld dec Read more.

Supreme Court - Public Service Recruitment - The delay in implementing a High Court order should not prejudice the rights of appellants regarding seniority, affirming their entitlement over subsequent appointees.

(A) Chhattisgarh Lower Judicial (Recruitment and Conditions of Service) Rules, 1994 - Article 15(3) of the Constitution of India - Seniority determination - Appellants, selected in 2003, were placed in the supplementary list despite better marks than others; High Court affirmed seniority from appoi Read more.

Supreme Court - Disciplinary Proceedings - The court emphasized that procedural fairness in disciplinary proceedings is paramount, and a disagreement note must not pre-judge the outcome, especially after significant delays.

(A) Central Administrative Tribunal Act, 1985 - Section 19 - CCS (Conduct) Rules, 1964 - Disciplinary proceedings against police officer for alleged negligence during 1984 riots - Inquiry Officer exonerated officer, but Disciplinary Authority disagreed and imposed penalty - High Court allowed writ Read more.

Supreme Court - Waqf Law - A Muslim Member of the Bar Council must vacate their position on the Waqf Board upon losing Bar Council membership, as per the legislative intent of the Wakf Act, 1995.

(A) Wakf Act, 1995 - Section 14 - Whether a Muslim Member of the Bar Council can continue as a Member of the Waqf Board after their tenure in the Bar Council - The Division Bench concluded that the Explanation II to Section 14(1)(b) does not apply to Bar Council Members, allowing respondent No. 3 t Read more.

Supreme Court - Compensation Claims - The court mandated administrative measures to ensure disbursement of unclaimed compensation under the Motor Vehicles Act and Workmen's Compensation Act, emphasizing the need for procedural clarity and compliance monitoring.

(A) Motor Vehicles Act, 1988 - Sections 166 and 176 - Workmen's Compensation Act, 1923 - Unclaimed compensation amounts - The Court addressed the issue of large unclaimed compensation amounts lying with MAC Tribunals and Labour Courts, necessitating administrative measures for disbursement to right Read more.

Telangana - Service Law - Transfer of employees is a prerogative of the employer and can only be interfered with under specific legal grounds, which were not established in this case.

(A) Constitution of India - Article 14 - Transfer of employees - The appellant challenged the transfer process as arbitrary and violative of constitutional provisions, citing G.O.Ms.No.80, dated 03.07.2024, and various Supreme Court judgments. The court held that transfer is an incident of service Read more.

Bombay - Mandate Extension - The court ruled that substitution of an arbitrator under Section 29-A of the Arbitration Act is not absolute and requires specific grounds to be met, emphasizing the need for minimal court interference in arbitration.

(A) Arbitration and Conciliation Act, 1996 - Section 29-A - Extension of mandate of Arbitral Tribunal - Petitioner sought a one-year extension of the mandate which expired on August 31, 2023 - The court ruled that the Learned Arbitral Tribunal should not be substituted and extended the mandate by s Read more.

Bombay - Arbitration Proceedings - The court ruled that stale arbitration proceedings should not be extended, as the parties demonstrated a lack of interest and sufficient cause for delay, leading to dismissal of the petitions.

(A) Arbitration and Conciliation Act, 1996 - Section 29-A - Petitions concerning arbitration proceedings - 18 Petitions pending since 2020, with no serious pursuit by parties - Court found no cause for extending the mandate of the Learned Arbitral Tribunal, deeming the proceedings stale and unprodu Read more.

Madras - Liquidated Damages - Legal injury must be established for claiming liquidated damages, and the appellant's delays justified the imposition of such damages.

(A) Arbitration and Conciliation Act, 1996 - Section 34 - Liquidated damages - Appeals against the order of the Principal District Judge, Thoothukudi, which allowed the respondent's petition and dismissed the appellant's petition - The learned Judge failed to analyze the law on liquidated damages a Read more.

Supreme Court - Contractual Disputes - The court upheld the findings of economic duress and fundamental breach of contract, while emphasizing the need for proper evidence in quantifying damages.

(A) Arbitration and Conciliation Act, 1996 - Section 34 and Section 37 - Appeals against the judgment of the Division Bench of Delhi High Court - The Division Bench upheld the findings of the Arbitral Tribunal that the Supplementary Agreement was vitiated by economic duress and that L&T committed a Read more.

Andhra Pradesh - Bank Guarantees - Invocation of expired bank guarantees is valid if no restraint orders exist, and availability of alternative statutory remedies under SARFAESI Act precludes writ jurisdiction.

(A) SARFAESI Act, 2002 - Sections 13 and 14 - Invocation of bank guarantees - Petitioners challenged the invocation of expired bank guarantees by the bank, asserting it was illegal and arbitrary, leading to loss of livelihood for employees - The bank contended that the petitioners had alternative r Read more.

Debt Recovery Appellate Tribunal - Auction and Sale Procedures - The Bank is entitled to charge interest on the delayed auction amount as per RBI guidelines, and forfeiture of the bid amount was justified due to the appellant's failure to comply with deposit requirements.

(A) SARFAESI Act, 2002 - Security Interest (Enforcement) Rules, 2002 - Interest on auction amount - Appellant contended that no provision exists to charge interest on the auction amount; however, the Bank cited RBI circular allowing interest for delayed payment - Appellant failed to deposit remaini Read more.

Supreme Court - Arbitration and Contempt - A judge cannot overturn another judge's finding of contempt without an appeal, ensuring judicial consistency and propriety.

(A) Arbitration and Conciliation Act, 1996 - Sections 9 and 11 - Contempt of Courts Act, 1971 - Sections 12 and 13 - Appeal against dismissal of contempt petition - The High Court dismissed the contempt petition, finding no willful disobedience of prior orders. The court emphasized that one judge c Read more.

Allahabad - Property Law - An unregistered agreement to sell cannot establish possession for an interim injunction without a claim for specific performance, and credible evidence of possession is essential.

(A) Code of Civil Procedure, 1908 - Order 39 Rule 1 - Interim injunction application - Plaintiffs sought permanent prohibitory injunction based on an unregistered agreement to sell and authority letter - Trial court rejected the application citing lack of credible evidence of possession and absence Read more.

Allahabad - Arbitration - The appellate court's review under the Arbitration Act is limited to jurisdictional issues, and new arguments cannot be raised if not previously presented.

(A) Arbitration and Conciliation Act, 1996 - Section 37 - National Highways Act, 1956 - Sections 3A(1), 3D(1), and 3G(5) - Appeal against dismissal of application under Section 34 of the Arbitration Act - Land acquisition for National Highway - Appellant's objections regarding land classification a Read more.

Andhra Pradesh - Property Law - The executing Court must adhere to the decree, and rights of subsequent purchasers are protected under Section 52 of the Transfer of Property Act.

(A) Transfer of Property Act, 1882 - Section 52 - Execution of decree - The executing Court ordered delivery of property despite the petitioner’s claim of non-ownership by respondents, who had previously alienated the property during the suit's pendency - The executing Court's duty is to execute th Read more.

Chhattisgarh - Contract Law - The plaintiff must demonstrate readiness and willingness to perform a contract for specific performance, including financial capability and conduct, which the trial court failed to assess properly.

(A) Specific Relief Act, 1963 - Sections 10, 16, and 20 - Oral contract for sale - Plaintiff sought specific performance of an oral agreement dated 05.12.2013 for land purchase, which was dismissed by the trial court - The court found no evidence of readiness and willingness on the plaintiff's part Read more.

Madhya Pradesh - Contract Law - The plaintiff must prove the existence of a valid contract and continuous readiness and willingness to perform their part of the contract for specific performance to be granted.

(A) Code of Civil Procedure, 1908 - Section 96 - Specific Performance of Contract - Appeal against dismissal of suit for specific performance of an oral agreement and subsequent written agreement - Appellant claimed to have paid part consideration and taken possession of agricultural land, but fail Read more.

Madhya Pradesh - Civil Procedure - A counter claim can be filed after a written statement if the cause of action accrued prior to its filing, provided it is within the limitation period.

(A) Civil Procedure Code, 1908 - Section 100 - Counter claim - The appellants filed a counter claim after the written statement, which was dismissed as belated by the trial court and upheld by the appellate court - The court found that the counter claim was filed within five months of the cause of Read more.

Madhya Pradesh - Property Law - The validity of a Will must be established beyond doubt, especially when it excludes family members, and appellate courts cannot overturn factual findings unless they are perverse.

(A) Code of Civil Procedure, 1908 - Section 100 - Appeal against judgment and decree - The appeal was filed by the defendants against the First Appellate Court's decision which modified the trial court's decree regarding ownership and validity of a Will - The trial court found the Will null and voi Read more.

Madhya Pradesh - Property Law - The High Court cannot interfere with concurrent findings of fact unless they are perverse or contrary to the evidence on record, as per Section 100 of the Code of Civil Procedure.

(A) Code of Civil Procedure, 1908 - Section 100 - Second appeal - The appellant/defendant No.2 challenged the decree of the trial court regarding easementary rights, which was upheld by the First Appellate Court - The courts found no merit in the arguments regarding mutual settlement and Nistar det Read more.

Madhya Pradesh - Property Law - A court-appointed Commissioner cannot delegate demarcation duties to unauthorized officers; reliance on such reports is invalid.

(A) Code of Civil Procedure, 1908 - Section 100 - Madhya Pradesh Land Revenue Code, 1959 - Section 19 and 169 - Appeal against judgment and decree - The court ruled that the demarcation report submitted by officers not appointed by the court cannot be relied upon for decreeing a suit. The Tahsildar Read more.

Madhya Pradesh - Property Disputes - In possession suits, plaintiffs must clearly establish title and encroachment; failure to do so, along with time-barred claims, justifies dismissal.

(A) Code of Civil Procedure, 1908 - Section 100 - Limitation Act, 1963 - Article 65 - Second appeals filed against dismissal of civil suits for possession and injunction due to failure to prove encroachment and being time-barred - Courts found plaintiffs failed to establish identity and location of Read more.

Madras - Contract Law - An advocate cannot exploit the trust of a vulnerable client, and agreements executed under misrepresentation are subject to cancellation and damages.

(A) Specific Relief Act, 1963 - Sections 31 and 34 - Agreement of sale - Cancellation of agreement of sale dated 24.11.2016 executed under misrepresentation - Plaintiff, a minor, was taken advantage of by the defendant, an advocate, leading to fraudulent execution of the agreement - Damages of Rs.1 Read more.

Madras - Property Law - A party cannot pursue a claim that has been previously dismissed, and estoppel applies under Section 116 of the Evidence Act to prevent vexatious litigation.

(A) Evidence Act - Section 116 - Vexatious litigation - Application to reject plaint filed for want of proper cause of action - Court found that all previous claims by the respondent/plaintiff had been dismissed, and the only remaining cause of action was a dismissed Review Application - The respon Read more.

Madras - Jurisdiction - The court affirmed that non-joinder of parties is not grounds for rejecting a plaint and that the plaintiff has the prerogative to choose the court with jurisdiction.

(A) Civil Procedure Code, 1908 - Order VII Rule 11 - Territorial jurisdiction - Application to reject plaint filed in C.S.No.35 of 2024 - Suit concerning suspension order from CSI Thoothukudi - Nazareth Diocese - Court held that non-joinder of parties is not a ground for rejection and jurisdiction Read more.

Madras - Property Law - The court affirmed that ownership claims supported by clear documentary evidence can invalidate an attachment order under Order 21 Rule 58 CPC without necessitating a full trial.

(A) Code of Civil Procedure, 1908 - Order 21 Rule 58 - Application to raise order of attachment - Applicant claims ownership of property attached by the Court - Documents presented include Joint Memorandum of Compromise and Release Deed - Court finds applicant has exclusive title over property, and Read more.

Supreme Court - Property Law - The court upheld the settlement agreement allowing the appellant to vacate the property while ensuring the continuity of educational operations for students during the transition period.

(A) Code of Civil Procedure, 1908 - Order XXXIX Rules 1 and 2 - Appeals against dismissal of suits for specific performance and mesne profits - The High Court confirmed the Trial Court's decree directing the Appellant to vacate the suit property and pay mesne profits. The Appellant's request for le Read more.

Supreme Court - Civil Procedure - A party to a suit disputing a compromise must first approach the Trial Court; a First Appeal under Section 96 is only available to non-parties.

(A) Code of Civil Procedure, 1908 - Order XXIII Rule 3 and Order XLIII Rule 1-A - Appeals against consent decrees - A party to a suit disputing a compromise must first approach the Trial Court; a First Appeal under Section 96 is only available to non-parties. The Larger Bench concluded that the app Read more.

Supreme Court - Property Disputes - The First Appellate Court's review is limited to the Trial Court's order rejecting the plaint, and it cannot allow document production beyond this scope.

(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Order 11 Rule 14 and Order VII Rule 11 - Appeals by defendants challenging High Court's rejection of writ petition against First Appellate Court's order allowing production of documents and raising additional grounds - The Tr Read more.

Supreme Court - Civil Procedure - A fresh suit is maintainable after dismissal under Order IX Rule 4 of the C.P.C., and res judicata does not apply to non-adjudicative dismissals.

(A) Civil Procedure Code, 1908 - Order IX Rules 2, 3, and 4 - Res Judicata - The High Court restored the Trial Court's decree after finding that the dismissal of the previous suit did not bar a fresh suit under Order IX Rule 4 - The principle of res judicata does not apply as the earlier dismissal Read more.

Supreme Court - Civil Procedure - The High Court's order allowing a writ petition and recalling an ex-parte decree was indefensible due to insufficient examination of the case and lack of sufficient cause for the respondents' absence.

(A) Constitution of India - Article 227 - Specific Relief Act, 1963 - Code of Civil Procedure, 1908 - Appeal against High Court's order allowing writ petition and recalling ex-parte decree - The High Court's order was criticized for lack of proper examination of the case and for allowing the writ p Read more.

Telangana - Property Disputes - The appointment of a receiver requires evidence of mismanagement, and injunctions can be granted to protect joint family properties during pending litigation.

(A) Civil Procedure Code, 1908 - Sections relevant to appointment of receiver and injunction - The trial Court dismissed the application for appointment of receiver due to lack of evidence of mismanagement and upheld the partial injunction against alienation of certain properties pending partition Read more.

Telangana - Civil Procedure - The court upheld the trial Court's dismissal of the appellant's applications for setting aside an ex-parte decree, finding insufficient cause for the delay in filing.

(A) Civil Procedure Code, 1908 - Order 9 Rule 13 - Application for setting aside ex-parte decree - Delay of 133 days in filing application for setting aside ex-parte decree dismissed by trial Court for lack of sufficient cause - Appellant contended lack of knowledge of decree due to personal circum Read more.

Telangana - Property Law - Injunctions cannot be granted against co-owners in partition suits; however, maintaining Status-Quo is reasonable to prevent interference during ongoing disputes.

(A) Civil Procedure Code, 1908 - Section 151 - Injunction - The trial Court granted an ad-interim injunction restraining defendants from interfering with plaintiffs' possession of the B-Schedule property pending suit disposal - Defendants contended that the injunction was erroneous as the suit was Read more.

Bombay - Arbitration - An appeal under Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 is maintainable against all respondents when the dismissal of the Arbitration Petition is intertwined with the Chamber Summons.

(A) Arbitration and Conciliation Act, 1996 - Sections 50(1), 47, 48, and 49 - Challenge to judgment dismissing Arbitration Petition for enforcement of Foreign Awards - Court held that the petition was barred by limitation and that the Foreign Awards were not enforceable - The impleadment of certain Read more.

Supreme Court - Insolvency and Bankruptcy - The approved resolution plan under the IBC extinguishes claims not included, rendering any arbitral award related to such claims non-executable.

(A) Micro, Small and Medium Enterprises Development Act, 2006 - Section 16 - Insolvency and Bankruptcy Code, 2016 - Sections 30, 31, and 238 - Execution of arbitral award - The High Court dismissed the appellant's petition under Article 227 challenging the Executing Court's order directing complian Read more.

Telangana - Arbitration - The court upheld the arbitral award for loss of profits, affirming that failure to notify a contract's termination constituted a material breach, justifying compensation under the Indian Contract Act.

(A) Arbitration and Conciliation Act, 1996 - Section 34 and 37(1)(b) - Appeal against dismissal of petition to set aside an arbitral award - The appellant challenged the award of damages for loss of profits, asserting no breach of contract occurred - The court found the appellant's failure to notif Read more.

Telangana - Writ Jurisdiction - A writ petition is not maintainable against private entities unless they perform public functions or affect public rights, as judicial review under Article 226 is limited to public law matters.

(A) Constitution of India - Article 12 - Maintainability of Writ Petition - The court held that a writ petition is maintainable against a private entity only if it discharges public functions or affects public rights. The petitioners failed to demonstrate that the respondents were amenable to writ Read more.

Supreme Court - Medical Negligence - The court upheld findings of medical negligence against the hospital while reducing the compensation amount to Rs. 10 lakhs, emphasizing the deceased's potential for future earnings.

(A) Consumer Protection Act, 1986 - Medical negligence - Liability of hospital and doctor - The National Consumers Dispute Redressal Commission imposed a total liability of Rs. 20 lakhs for medical negligence, which the hospital challenged on grounds of lack of expert evidence and adherence to medi Read more.

Madras - Compliance - Compliance with court orders is essential, and once achieved, contempt proceedings may be discharged.

(A) Contempt of Court - Compliance with Court Orders - The respondents were found to have complied with the order dated 02.09.2022 in W.P.(MD) No.10956 of 2019, which directed the approval of the petitioner's appointment as Physical Education Teacher with all benefits. (Paras 3, 5, 8) (B) Discharge Read more.

Madras - Non-compliance with Court Orders - Compliance with court orders is essential, and failure to do so may lead to contempt proceedings, as emphasized by the court's directive for timely disbursement of benefits.

(A) Contempt of Courts Act, 1971 - Sections 11 and 12 - Writ Petition - Approval for appointment as Secondary Grade Teacher rejected - Writ Petition allowed, directing approval from original appointment date - Non-compliance led to contempt proceedings - Respondents granted final opportunity to com Read more.

Madras - Employment and Shareholder Rights - Termination of an employee must adhere to principles of natural justice, and employment agreements cannot override shareholder rights under separate agreements.

(A) Injunctions - Interim Injunctions - The court considered multiple original applications seeking interim injunctions against the respondent for various actions including defamation, interference, and competition. The court found that the respondent's termination was in violation of natural justi Read more.

Allahabad - Bail - The court emphasized that delays and contradictions in the FIR can significantly impact the credibility of allegations, justifying the granting of bail.

(A) Indian Penal Code, 1860 - Sections 147, 148, 149, 323, 506, 395, 376D - Bail application - Applicant seeks bail during trial for alleged gang rape and robbery - Delay of seven months in lodging FIR raises questions of credibility - No medical corroboration of the incident and absence of crimina Read more.

Allahabad - Procedural Law - The High Court's inherent powers under Section 482 Cr.P.C. cannot be invoked to entertain a second revision after dismissal by the Sessions Court unless there is grave miscarriage of justice.

(A) Criminal Procedure Code, 1973 - Sections 203 and 482 - Dismissal of complaint - Application filed to quash dismissal of complaint under Section 203 Cr.P.C. - Court held that dismissal was justified as no prima facie case was established - High Court's inherent powers under Section 482 Cr.P.C. c Read more.

Allahabad - Quashing of Proceedings - The court can quash criminal proceedings under Section 482 Cr.P.C. when parties have amicably settled their dispute, provided it does not affect public interest.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of criminal proceedings - Compromise between parties - The applicants sought to quash criminal proceedings initiated against them based on a compromise dated 28.8.2023, verified by the trial court - The court noted that the dispute was p Read more.

Allahabad - Quashing of Proceedings - The inherent power under Section 482 Cr.P.C. cannot be used to quash proceedings based on disputed questions of fact, which are to be resolved by the trial court.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of charge sheet - Application to quash charge sheet and summoning order dismissed - Allegations of fraud and forgery in property transaction - Court held that disputed questions of fact cannot be resolved at this pre-trial stage - The in Read more.

Allahabad - Bail - The court granted bail due to insufficient evidence for tampering and imposed conditions to ensure compliance during trial.

(A) Bail Application - Section 483 BNSS - Sections 85, 80(2) BNS and Section 3/4 D.P. Act - The applicant, father-in-law of the deceased, seeks bail during trial for alleged involvement in a hanging case. The court noted the absence of convincing evidence for tampering and the applicant's lack of c Read more.

Allahabad - Bail - The court granted bail based on the absence of evidence indicating tampering and the applicant's lack of criminal history, emphasizing the need for conditions to ensure trial integrity.

(A) Bail Application - Section 483 BNSS - Sections 85, 80(2) BNS and Section 3/4 D.P. Act - The applicant seeks bail during trial for alleged involvement in the death of Babli, with claims of false implication and lack of criminal history. The cause of death was asphyxia due to hanging. The court f Read more.

Allahabad - Bail - The court granted bail based on the applicant's lack of specific allegations, the co-accused's bail status, and prolonged detention without trial.

(A) B.N.S. Act - Sections 318(4), 338, 336(3), 340(2), 61(2) - Bail application - Applicant not named in FIR, alleged to have aided co-accused in forgery - No specific role assigned, co-accused granted bail - Applicant has one prior case history - Bail granted with conditions. (Paras 3, 4, 7, 8) (B Read more.

Allahabad - Writ Jurisdiction - A writ of mandamus to compel police to register an FIR can be denied if the petitioner has not availed of alternative remedies under the Code of Criminal Procedure.

(A) Constitution of India - Article 226 - Code of Criminal Procedure, 1973 - Sections 154, 156(3), and 200 - Writ petition for mandamus to compel police to register FIR - Court held that the petitioner has alternative remedies under Sections 156(3) and 200 Cr.P.C. - Supreme Court's ruling in Lalita Read more.

Allahabad - Bail - The court emphasized that a marriage between consenting adults cannot be treated as a criminal matter, and police should adopt a humane approach in family disputes.

(A) Prohibition of Child Marriage Act, 2006 - Section 3 - Bail application - Petitioners, who are married and expecting a child, sought bail after being arrested in connection with an FIR for offences under Sections 363 and 366 IPC - Court noted that both parties are now adults and have not sought Read more.

Allahabad - Bail - Bail granted due to lack of evidence, the applicant's young age, and absence of a criminal history, emphasizing the need for careful consideration of allegations.

(A) Protection of Children from Sexual Offences Act, 2012 - Sections 3/4 - Information Technology Act, 2008 - Section 67 - Bail application - Allegations of defamation through obscene photos and videos - No evidence of injury or force found in medical examination - Victim's statements inconsistent Read more.

Allahabad - Procedural Law - Judicial orders must reflect thoughtful consideration and cannot be issued mechanically; failure to apply judicial mind renders such orders unsustainable.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of order - Application filed to quash the summoning order dated 17.11.2018 passed by Chief Judicial Magistrate, Chitrakoot, on grounds of lack of judicial application - Court emphasized that orders must reflect judicial reasoning and not Read more.

Allahabad - Bail - The court emphasized the need for expeditious consideration of bail applications and strict compliance with statutory provisions governing bail.

(A) Indian Penal Code - Sections 498A, 323, 504, 506 - Code of Criminal Procedure - Sections 41, 41-A, 88, 170, 204, 209, 436-A, 440 - D.P. Act - Quashing of non-bailable warrant - Applicants sought to surrender and apply for bail - Court directed that bail application be considered expeditiously a Read more.

Allahabad - Bail - Interim bail granted based on the applicant's lack of criminal history and the right to a speedy trial, with specific conditions imposed to ensure compliance.

(A) Indian Penal Code - Sections 363, 366, 376 - POCSO Act - Section 5J(2)/6 - Interim bail granted to applicant involved in serious offences, considering the nature of the offence, evidence, and the applicant's lack of criminal history - The court emphasized the fundamental right to a speedy trial Read more.

Allahabad - Procedure - Timely execution of non-bailable warrants is essential for justice, and courts must maintain legible order sheets to ensure clarity in judicial proceedings.

(A) Indian Penal Code, 1860 - Sections 498A, 323, 504, 506 - Dowry harassment and related offenses - Application filed to expedite trial proceedings in Case No. 4085 of 2020 against the accused Dheeraj Verma, who was arrested after non-bailable warrants were issued but not executed timely due to po Read more.

Allahabad - Bail - The court granted bail based on the determination that the applicant was likely falsely implicated, emphasizing the importance of the victim's statements.

(A) B.N.S. Act - Sections 137(2), 87 - Bail application - Allegations of false implication in a case involving a minor - Victim's statements indicate no wrongdoing by the applicant, who has been in custody since 11.01.2025 - Court finds it a fit case for bail. (Paras 3, 5, 6) (B) Bail - Conditions Read more.

Allahabad - Bail - The court granted bail to the applicant, emphasizing the absence of evidence for tampering and the applicant's status as a woman, while imposing conditions to ensure compliance during trial.

(A) Bail Application - Section 483 BNSS - Sections 85, 80(2) BNS and Section 3/4 D.P. Act - The applicant, mother-in-law of the deceased, sought bail during trial for alleged involvement in a hanging case. The court noted the absence of convincing evidence for tampering and the applicant's lack of Read more.

Allahabad - Bail Application - The court denied bail due to serious allegations of dowry-related harassment and unnatural death, emphasizing the applicant's failure to prove innocence.

(A) B.N.S.S., 2023 - Section 483 - Indian Penal Code - Sections 498-A, 304-B - Dowry Prohibition Act - Application for bail - Allegations of dowry demand and unnatural death of the deceased within seven years of marriage - The applicant's involvement is contested, but evidence suggests a lack of su Read more.

Allahabad - Bail - The court emphasized that age determination for victims in sexual offenses must rely on specific documents, as established by Supreme Court precedents.

(A) BNS - Sections 137(2), 65(1), 351(3) - POCSO Act - Sections 3/4(2) - Bail application - Applicant seeks bail during trial for alleged rape of a minor - Delay in FIR and lack of medical evidence raised as defenses - Court emphasizes reliance on age determination principles from Supreme Court jud Read more.

Allahabad - Negotiable Instruments - The court emphasized the need for timely resolution of cases under Section 138 of the Negotiable Instruments Act, allowing the applicant to seek urgent consideration from the trial Court.

(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code - Section 483 - Expeditious disposal of criminal case - Applicant sought urgent resolution of a pending case regarding dishonoured cheque - Court directed trial Court to consider urgency and decide the case within stipulat Read more.

Allahabad - Bail - The court emphasized the protection of individual liberty under Article 21, granting anticipatory bail based on cooperation in investigation and adherence to Supreme Court guidelines.

(A) Indian Penal Code, 1860 - Sections 354 and 506 - Protection of Children from Sexual Offences Act, 2012 - Sections 7 and 8 - Anticipatory bail application filed in Case Crime No.69 of 2024 - Applicant contends false implication and cooperation in investigation - Supreme Court guidelines in Saten Read more.

Allahabad - Bail - Anticipatory bail granted based on cooperation in trial and absence of evidence necessitating custodial arrest under the Prevention of Corruption Act.

(A) Prevention of Corruption Act, 1988 - Section 13(1) - Anticipatory bail application filed by the applicant in Case Crime No. 82 of 2021 - Allegations of demanding bribe for securing acquittal - Initial protection granted by the court - Subsequent charge sheet submitted - Court found prima facie Read more.

Allahabad - Bail - The court granted bail based on the applicant's claim of innocence, the delay in FIR, and the contested admissibility of age evidence, emphasizing the need for prima facie satisfaction in bail applications.

(A) POCSO Act - Sections 5-J(2), 6 - Juvenile Justice (Care and Protection of Children) Act - Section 94 - Bail application - Applicant seeks bail in a case involving allegations under POCSO Act, claiming innocence and false implication - Delay in FIR of about 3 days noted, with no explanation prov Read more.

Allahabad - Quashing of Proceedings - The inherent powers under Section 482 Cr.P.C. should be exercised sparingly, particularly at the pre-trial stage, and appreciation of evidence is a function of the trial court.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of summoning order - Application filed to quash summoning order and proceedings under Sections 323, 506 IPC - Applicants claimed innocence and false implication - Discharge application rejected by Trial Court - Court emphasized that appr Read more.

Allahabad - Sexual Offences - Judicial intervention in summoning orders is limited; allegations must be substantiated by evidence, and the case must not fall into exceptional categories for intervention.

(A) Code of Criminal Procedure, 1973 - Sections 154, 156(3), 200, 202 - Protection of Children from Sexual Offences Act, 2012 - Section 29 - Allegations of molestation against a minor - The applicant, a Gram Pradhan, was accused of molesting the complainant's minor daughter. The court found that th Read more.

Allahabad - Quashing of Proceedings - The Prevention of Damage to Public Property Act is not applicable to land disputes involving Gram Sabha land, which must be adjudicated by revenue authorities.

(A) Prevention of Damage to Public Property Act, 1984 - Sections 3 and 4 - Criminal proceedings quashed - Applicants sought to quash proceedings arising from allegations of encroachment and damage to Gram Sabha land, asserting that such matters fall under the jurisdiction of Revenue Authorities - C Read more.

Allahabad - Bail - Bail may be granted when there is no convincing evidence of tampering and co-accused have been granted bail, subject to strict conditions.

(A) B.N.S. Act - Sections 3, 4, 80(2), 115(2), 269, 483 - Bail application - Applicant, father-in-law of deceased, seeks bail during trial for alleged involvement in poisoning - General allegations made against all accused, with no injuries found on deceased - Co-accused granted bail, absence of ta Read more.

Allahabad - Criminal Procedure - The Revisional Court acted within its jurisdiction in setting aside the summoning order, and the application under Section 482 Cr.P.C. was dismissed due to undue delay and lack of merit.

(A) Code of Criminal Procedure, 1973 - Section 482 - Criminal Revision - Summoning order set aside by Revisional Court - Applicant contended that the Revisional Court exceeded its jurisdiction in remanding the matter back to the Magistrate - Delay in filing application under Section 482 Cr.P.C. not Read more.

Allahabad - Bail - Bail may be granted when there is a compromise between parties and absence of convincing evidence indicating tampering, provided conditions are imposed to ensure compliance.

(A) B.N.S.S. Act - Sections 3/4, 80(2), 85, 351(3) - Bail application - Applicant, father-in-law of deceased, seeks bail during trial for alleged involvement in suicide case - General allegations made against all accused, including applicant - Compromise reached between parties, with first informan Read more.

Allahabad - Bail - The court granted bail to the applicant, emphasizing the absence of evidence suggesting tampering and considering her status as a woman.

(A) Bail Application - Sections 85, 80(2), 115(2) BNS and Section 3/4 D.P. Act - The applicant sought bail during trial for involvement in a case of alleged asphyxia due to hanging of the deceased, Phoolwati - The applicant is the mother-in-law of the deceased and has no criminal history - Co-accus Read more.

Andhra Pradesh - Drug Offenses - Vicarious liability of directors under the Drugs and Cosmetics Act requires proof of their responsibility for the company's conduct; blanket allegations are insufficient.

(A) Drugs and Cosmetics Act - Sections 20(4), 25(4), and 34 - Complaint quashed against manufacturers and directors for alleged supply of substandard drugs - Complaint filed after expiry of drug shelf life, denying opportunity for reanalysis - Vicarious liability not established against directors w Read more.

Andhra Pradesh - Dowry and Harassment - Vague allegations without specific details do not justify legal proceedings under Section 498A IPC or the Dowry Prohibition Act.

(A) Indian Penal Code, 1860 - Section 498A - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Accused 3 and 4, relatives of the first accused, sought quashing of charges due to lack of specific allegations against them. The court found that the allegations were vague and did not substantiate a case Read more.

Andhra Pradesh - Murder - The court upheld the conviction for murder based on credible dying declarations, emphasizing that minor inconsistencies do not undermine their reliability.

(A) Indian Penal Code, 1860 - Sections 302 and 323 - Murder and causing hurt - Accused convicted for murder after pouring diesel and setting fire to the deceased, resulting in death - Acquittal of co-accused for causing hurt - Dying declarations recorded by police and magistrate were pivotal in con Read more.

Andhra Pradesh - Quashing of Proceedings - The absence of cogent evidence linking the petitioner to the alleged offenses under IPC sections 120B, 409, 420, 468, 471, and 477A necessitated the quashing of criminal proceedings.

(A) Indian Penal Code, 1860 - Sections 120B, 409, 420, 468, 471, 477A - Criminal conspiracy and misappropriation of funds - Petitioner accused of involvement in a conspiracy to misappropriate ₹12,00,00,000 from government deposits - Allegations include premature closure of deposits and creation of Read more.

Bombay - Murder and Robbery - The last seen theory, combined with circumstantial evidence, establishes guilt beyond reasonable doubt in murder and robbery cases.

(A) Indian Penal Code, 1860 - Sections 302 and 397 - Conviction for murder and robbery - Appellant convicted for murdering Anil Vaswani and sentenced to life imprisonment and fine, along with seven years RI for robbery, sentences to run concurrently - Evidence based on circumstantial evidence and l Read more.

Bombay - Murder - The prosecution failed to establish the guilt of the accused beyond reasonable doubt, relying on circumstantial evidence that did not form a complete chain of proof.

(A) Indian Penal Code, 1860 - Section 302 - Murder conviction - The appellant was convicted for the murder of a scrap vendor, sentenced to life imprisonment, and fined Rs. 5,000/- - The prosecution's case relied on circumstantial evidence, which was found insufficient to establish guilt beyond reas Read more.

Chhattisgarh - Bail - The court emphasized the importance of initial evidence in bail applications, ruling that lack of mention in the FIR and parity with co-accused justified granting bail.

(A) BNS, 2023 - Sections 61(2) and 103 - Bail application - The applicant was arrested in connection with a violent crime involving the death of the complainant's father, with allegations based on a supplementary statement made 14 days post-FIR - The applicant's name was not in the original FIR, ra Read more.

Himachal Pradesh - Quashing of FIR - The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.

(A) Indian Penal Code, 1860 - Section 170 - Quashing of FIR - The petitioner sought to quash FIR No. 36 of 2021 for misuse of official seal after tenure expiration - The court found prima facie evidence of an offence under Section 170 IPC, as the petitioner used the seal post-tenure. (Paras 2, 20, Read more.

Himachal Pradesh - Drug Offenses - At the charge framing stage, the court assesses prima facie evidence without examining the defense, and the accused's claims regarding analysis reports and license validity were insufficient.

(A) Drugs and Cosmetics Act, 1940 - Sections 17-B and 18(c) - Charges framed against accused for manufacturing spurious drugs without a valid license - The accused failed to provide evidence of subletting premises and claimed no right to challenge the analysis report - The court emphasized that pri Read more.

Himachal Pradesh - Quashing of FIR - The court affirmed that an FIR disclosing cognizable offences cannot be quashed based on the informant's competence or alleged lack of infectious disease, emphasizing the High Court's limited role in assessing truthfulness at this stage.

(A) Indian Penal Code - Sections 188, 269, 270, 504 - Quashing of FIR - Petitioner challenged FIR for violating quarantine protocols during COVID-19 - Allegations of not suffering from infectious disease and improper filing of FIR by informant - Court held FIR discloses cognizable offences and cann Read more.

Himachal Pradesh - Bail - Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.

(A) Indian Penal Code - Sections 420, 506, and 34 - Cancellation of bail - The petitioner sought cancellation of bail granted to respondents for alleged cheating and forgery, asserting that the learned Trial Court ignored the gravity of the offences and the fact that signatures were forged - The Co Read more.

Himachal Pradesh - Bail Applications - The court emphasized that consent from a minor is legally irrelevant in sexual offences, particularly in heinous cases, thus denying bail to the accused.

(A) Bharatiya Nyaya Sanhita, 2023 - Section 64 - Protection of Children from Sexual Offences Act - Section 6 - Bail application - Petitioner arrested for alleged rape of minor - Victim's age established as 17 years, 8 months at the time of incident - Consent of minor deemed irrelevant - Heinous nat Read more.

Himachal Pradesh - Quashing of FIR - The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.

(A) Indian Penal Code - Sections 354, 354-C, 504, 323, and 34 - Quashing of FIR - Petitioners sought to quash FIR for offences including voyeurism and assault, claiming it was a counter-blast to their earlier complaint - Court found prima facie evidence of voyeurism and assault, dismissing the peti Read more.

Himachal Pradesh - Cognizable Offences - The court affirmed that a petitioner lacks locus standi in criminal matters and that the allegations did not constitute a cognizable offence under IPC.

(A) Indian Penal Code - Sections 420, 465, 466, 467, 468, 471 - Criminal Procedure Code - Section 156(3) - Petition for FIR registration - Application declined by Trial Court on grounds of locus standi and lack of cognizable offence - Court held that the petitioner had no standing to file the appli Read more.

Himachal Pradesh - Sexual Offences - The prosecution must prove its case beyond reasonable doubt, and the testimony of the prosecutrix can be the sole basis for conviction only if it is credible and reliable.

(A) Indian Penal Code - Sections 363, 366, 506, 376 - Protection of Children from Sexual Offences Act, 2012 - Section 4 - Appeal against acquittal - The accused was acquitted by the Trial Court for charges of kidnapping and rape due to lack of credible evidence and contradictions in the prosecution Read more.

Himachal Pradesh - Bail Applications - Bail in drug-related offences requires careful consideration of the accused's criminal history and the nature of the offence, with no entitlement to bail as a matter of right.

(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Bail application - Petitioner arrested for possession of 6.19 grams of heroin - Investigation complete, but prior criminal antecedents noted - Court emphasized that bail cannot be claimed as a matter of right, especially in d Read more.

Himachal Pradesh - Quashing of FIR - The court held that misrepresentation in a land sale transaction constituted cheating under Section 318(4) of BNS, and the FIR could not be quashed as it disclosed a cognizable offence.

(A) Bharatiya Nyaya Sanhita (BNS) - Section 318(4) - Quashing of FIR - The petitioner sought to quash FIR No. 144 of 2024 for alleged cheating in a land sale transaction. The informant paid ₹10,00,000/- based on misrepresentation regarding land ownership. The court found prima facie evidence of an Read more.

Himachal Pradesh - Quashing of FIR - The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.

(A) Indian Penal Code - Sections 420, 465, 471, and 120-B - Quashing of FIR - Petitioners sought to quash FIR for alleged offences of cheating and forgery arising from a civil dispute over land - Court found no prima facie case of criminal offences as allegations stemmed from civil matters - Contin Read more.

Madhya Pradesh - Prostitution and Immoral Traffic - The court held that the absence of prima facie evidence for commercial prostitution and the lack of a notified area for the alleged offences warranted quashing of the FIR against the petitioners.

(A) Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5, 6, and 7 - Quashing of FIR - Petitioners accused of prostitution at a salon - Court found no prima facie evidence of involvement in organized illegal activity or commercial transactions - Essential ingredients for offences under the Act Read more.

Madhya Pradesh - Bail - Bail granted considering the applicant's age, medical condition, and lack of prior criminal record, with stringent conditions imposed to ensure compliance.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 409, 420, 120-B - Bail application - Applicant in judicial custody for alleged fraud and misappropriation involving investors - Court considers applicant's age, medical condition, and lack of criminal an Read more.

Madhya Pradesh - Bail - In the absence of incriminating evidence and considering the applicant's age and socio-economic status, bail is granted, emphasizing the need for a fair trial.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8/22 - Bail application - Applicant in judicial custody since 24.02.2025 for alleged possession of contraband - No incriminating material recovered from applicant; reliance o Read more.

Madhya Pradesh - Bail - The court granted bail to the applicant, emphasizing the absence of criminal antecedents and the need for stringent conditions to ensure compliance during the trial.

(A) Indian Penal Code, 1860 - Sections 406, 407, and 418 - Bail application - Applicant seeks bail in connection with misappropriation of goods during transportation - Applicant has been in judicial custody since 25.03.2025 - No criminal antecedents reported against the applicant - The trial is exp Read more.

Madhya Pradesh - Bail Applications - The court emphasized that bail should be granted based on the applicant's socio-economic status, absence of major criminal convictions, and the nature of the alleged offence.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 191(2), 191(3), 121(1), 132, 324(4), 221 - M.P. Excise Act - Bail application - Applicant in judicial custody since 24.01.2025 for alleged involvement in stone pelting and interference with police duty during a liquor raid - First bail applica Read more.

Madhya Pradesh - Sexual Offences - The prosecution failed to prove the case beyond reasonable doubt due to significant delays in lodging the FIR and contradictions in witness testimonies.

(A) Indian Penal Code, 1860 - Section 376(2)(g) - Conviction for gang-rape - Appellants found guilty and sentenced to 10 years rigorous imprisonment - Appeal by Takhat Singh after death of co-accused Bahadur Singh - Delay in lodging FIR of 20 days raises doubts on credibility of prosecutrix - Testi Read more.

Madhya Pradesh - Assault and Battery - The prosecution must provide corroborative evidence to support a conviction; the sole testimony of a complainant with animosity towards the accused is insufficient for a guilty verdict.

(A) Indian Penal Code, 1860 - Sections 450 and 326 - Criminal appeal against conviction - Accused convicted for entering dwelling with intent to commit an offence and causing injuries - Conviction challenged on grounds of lack of corroborative evidence and inconsistencies in witness testimonies. (P Read more.

Madhya Pradesh - Animal Welfare - The court upheld the conviction for cruelty and illegal transportation of cattle while overturning the conviction for attempt to cheat due to insufficient evidence.

(A) Prevention of Cruelty to Animals Act, 1960 - Section 11(d) - Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 - Section 6A read with Section 9(2) - Indian Penal Code, 1860 - Sections 420, 429, and 511 - Conviction for illegal transportation of cattle and cruelty - Appellants convicted for Read more.

Madhya Pradesh - Bail - The court granted bail considering the inordinate delay in trial and lack of evidence tampering risk, emphasizing the need for balancing the rights of the accused with the seriousness of the charges.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 409, 420, 467, 468, 471, and 34 - Bail application - Applicant in judicial custody since 08/12/2021, with previous bail applications dismissed - Trial reopened for further examination of witnesses - Dela Read more.

Madhya Pradesh - Police Investigation - The court ruled that police have discretion in investigations and courts cannot direct arrests or investigations without justifiable reasons, emphasizing the need for hearing affected parties.

(A) Code of Criminal Procedure, 1973 - Section 482 - Section 173(1) - Application seeking direction for police to arrest accused and file charge-sheet - Court held it cannot supervise police investigations or direct arrests - Police have discretion in investigations and are not bound to arrest imme Read more.

Madhya Pradesh - Bail - The court granted bail based on the applicant's socio-economic status, lack of criminal antecedents, and absence of compelling reasons for continued incarceration.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 318(4), 338, 336(3), 340(2) - Bail application - Applicant in custody since 01.10.2024 for alleged possession of forged appointment letters - No criminal antecedents reported - Prosecution based on documentary evidence - No compelling reason t Read more.

Madhya Pradesh - Quashing of FIR - The court affirmed that the initiation of departmental proceedings does not bar criminal proceedings, and the allegations in the FIR constituted an offence supported by legal evidence.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Section 409 - Quashing of FIR - Petition filed to quash FIR for criminal breach of trust against a public servant - Court held that no legal bar exists for criminal proceedings despite ongoing departmental inquiry - Alle Read more.

Madhya Pradesh - Bail - The court granted bail based on the applicant's age, profession, and lack of substantial criminal history, emphasizing the absence of compelling reasons for continued incarceration.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - NDPS Act - Sections 8/15 and 29 - Bail application filed by applicant in connection with drug-related charges - Applicant in custody since 04.04.2025, claims false implication based on co-accused's information - No incriminating material Read more.

Madras - Sexual Offences - The court modified the minimum sentence for sexual assault on a mentally retarded person from ten years to seven years based on legislative amendments, while upholding the conviction due to corroborative evidence.

(A) Indian Penal Code, 1860 - Section 376(2)(j)(I) - Conviction for penetrative sexual assault on a mentally retarded person - Appellant sentenced to ten years rigorous imprisonment and a fine of Rs.50,000/- by Trial Court - Appeal filed against conviction and sentence - Court found evidence corrob Read more.

Madras - Murder - The prosecution must prove guilt beyond reasonable doubt, and mere suspicion is insufficient for conviction.

(A) Indian Penal Code, 1860 - Section 304(2) - Criminal appeal against conviction for murder - Appellant convicted and sentenced to ten years imprisonment and fine by Trial Court - Appeal filed on grounds of doubt regarding the complaint and confession - Court found foundational facts of the prosec Read more.

Madras - Prisoner Rights - Under trial prisoners have a fundamental right to attend the funerals of close relatives, emphasizing humane treatment and dignity.

(A) Unlawful Activities (Prevention) Act, 1967 - Tamil Nadu Suspension of Sentence Rules, 1982 - Right of under trial prisoners to attend funerals - The court recognized the fundamental right of under trial prisoners to attend the funerals of close relatives, emphasizing the need for humane treatme Read more.

Rajasthan - Bail - The absence of contraband in the petitioner's possession and the lengthy duration of custody justified the granting of bail under the NDPS Act.

(A) NDPS Act - Sections 8/22 and 29 - Bail application - Petitioner arrested in connection with drug offences, not in possession of contraband - Co-accused granted bail - Judicial custody since 06.03.2024 - Seriousness of allegations considered, but no contraband recovered from petitioner - Rigor o Read more.

Supreme Court - Cognizance and Bail - The Magistrate is not required to provide detailed reasons for taking cognizance; a prima facie case suffices.

(A) Indian Penal Code, 1860 - Sections 498A, 406, and 420 - The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(g) - Appeal against High Court's order remitting matter for fresh cognizance - High Court set aside cognizance order for lack of prima facie Read more.

Supreme Court - Sexual Offences - The prosecution must prove its case beyond reasonable doubt; inconsistencies in the prosecutrix's testimony led to the acquittal of the accused.

(A) Indian Penal Code, 1860 - Sections 363, 366, 376, 201, and 34 - Acquittal of accused in a case of kidnapping and rape - High Court set aside conviction of accused/Sanjay Kumar and accused/Chaman Shukla, finding prosecution failed to establish charges beyond reasonable doubt - The prosecutrix's Read more.

Supreme Court - Economic Offences - Economic offences require thorough investigation and cannot be dismissed as mere civil disputes, emphasizing the need for judicial scrutiny in cases involving potential fraud.

(A) Indian Penal Code, 1860 - Sections 420, 406, and 120B - Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - High Court quashed FIR alleging fraudulent acts by company directors, stating the matter was civil in nature - The Supreme Court found that the High Court erred in its asse Read more.

Supreme Court - Appeals - The High Court's modification of a conviction under Section 362 of Cr.P.C. was impermissible as it constituted a substantive change rather than a clerical correction.

(A) Indian Penal Code, 1860 - Sections 302, 304 Part II, 323, 324, 452, 504, 506 - Criminal Procedure Code, 1973 - Section 362 - Conviction and sentencing of accused for murder modified by High Court from Section 302 to Section 304 Part II - High Court's alteration of judgment deemed improper as it Read more.

Supreme Court - Dowry Prohibition - Vague and general allegations against family members in dowry cases cannot justify criminal prosecution; specific allegations are required to prevent misuse of legal provisions.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - The appellants challenged the High Court's dismissal of their petition to quash proceedings against them in a dowry-related case. The court found that the allegations against the appellants were general and lacked specif Read more.

Supreme Court - Investigation - The High Court has the authority to direct CBI investigations in exceptional cases to ensure justice and uphold public confidence in the legal system.

(A) Code of Criminal Procedure, 1973 - Sections 190, 202, and 482 - Writ of mandamus issued to CBI for further investigation into alleged murder - High Court set aside Magistrate's order directing further investigation by HAL Police, citing lack of jurisdiction - The court emphasized the necessity Read more.

Supreme Court - Quashing of Charges - Criminal liability requires direct involvement in the transaction; mere association with the bank does not imply culpability.

(A) Code of Criminal Procedure, 1973 - Section 482 - SARFAESI Act - Allegations of cheating and forgery against bank officials - High Court dismissed petition to quash chargesheet - Appellant contended lack of involvement in auction process - Court found no direct role of appellant in transaction l Read more.

Supreme Court - Homicide - The prosecution must prove guilt beyond a reasonable doubt, and failure to properly examine the accused on material evidence can lead to acquittal.

(A) Indian Penal Code, 1860 - Section 302 - Acquittal of accused in a gruesome case involving the death of a wife and her three daughters due to burn injuries - The High Court acquitted the accused, finding insufficient evidence to prove guilt beyond a reasonable doubt, despite the trial court's co Read more.

Supreme Court - Public Servants and Prosecution - The court affirmed that a public servant on deputation remains a public servant for the purposes of sanction under Section 197, Cr. PC, requiring such sanction for prosecution.

(A) Indian Penal Code, 1860 - Sections 120B and 420 - Code of Criminal Procedure, 1973 - Section 197 - Prevention of Corruption Act, 1988 - Section 19 - Discharge application - High Court discharged respondent for IPC offences due to lack of sanction under Section 197, but denied discharge for PC A Read more.

Supreme Court - Domestic Violence - The court emphasized the mandatory duty to consider probation for first-time offenders and the necessity to record reasons for not granting it, highlighting the importance of rehabilitation over punishment.

(A) Indian Penal Code, 1860 - Sections 304-B and 498A - Code of Criminal Procedure, 1973 - Section 374(2) - Appeal against conviction for cruelty and dowry death - Appellants acquitted of dowry death but convicted under Section 498A - Sentence reduced by High Court - Court emphasized the need for c Read more.

Supreme Court - Procedural Law - Section 428 of the Code of Criminal Procedure only allows set-off for detention periods directly related to the same case, and not for periods related to other cases.

(A) Code of Criminal Procedure, 1973 - Sections 427 and 428 - Set-off of pre-sentence detention - Respondent sought set-off for periods of remand as an undertrial prisoner - High Court granted set-off, which was challenged by the appellants - Court held that Section 428 only applies to detention du Read more.

Supreme Court - Negotiable Instruments - The presumption of debt under the Negotiable Instruments Act is rebuttable; once the accused raises a probable defense, the burden shifts to the complainant to prove the existence of the debt.

(A) Negotiable Instruments Act, 1881 - Sections 138, 118, and 139 - Appeal against conviction - High Court reversed acquittal by Trial Court, convicting accused under Section 138 for dishonor of cheque - Presumptions under Sections 118 and 139 are rebuttable; accused must raise probable defense - T Read more.

Supreme Court - Homicide - The court upheld the conviction for murder and sexual assault, emphasizing the brutality and premeditation of the crime, while commuting the death sentence to life imprisonment based on mitigating factors.

(A) Indian Penal Code, 1860 - Sections 302, 376, 297, and 201 - Murder of wife and four children - Conviction upheld by High Court - Evidence established motive, last seen theory, and conduct of accused - Brutality and premeditation of crime emphasized - Death sentence commuted to life imprisonment Read more.

Supreme Court - Sexual Offences - The suspension of a sentence in serious offences against minors should not be granted lightly, and the Trial Court's findings must be upheld unless proven otherwise.

(A) Indian Penal Code, 1860 - Sections 363, 366, 376(3) - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Suspension of sentence - Conviction of accused for sexual assault on minor - High Court's suspension of sentence questioned - The Trial Court's findings regarding the victim Read more.

Supreme Court - Appeals - The court exercised its powers under Article 142 to restore the original sentence and release the appellant, emphasizing justice over procedural remand.

(A) Constitution of India - Article 142 - Criminal Procedure - The appellant, initially sentenced to seven years, has served eleven years and eight months. The High Court's orders were found erroneous and set aside. The original sentence is restored, and the appellant is released from jail. (Paras Read more.

Supreme Court - Murder - Circumstantial evidence can establish guilt in murder cases even in the absence of motive, particularly when supported by forensic findings like gunshot residue.

(A) Indian Penal Code, 1860 - Section 302 - Arms Act, 1959 - Sections 25 and 27 - Conviction for murder of son - Accused sentenced to life imprisonment - No direct evidence of homicide; however, circumstantial evidence strongly indicates guilt - Gunshot residue found on accused's right hand, indica Read more.

Telangana - Negotiable Instruments Act - The court may recall a non-bailable warrant based on the age and health of the accused, while emphasizing the necessity of cooperation in legal proceedings.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Negotiable Instruments Act, 1881 - Section 138 - Criminal Petition to quash NBW - Petitioners failed to appear before the Court, leading to NBW issuance - The Trial Court dismissed the recall petition due to frequent absences of petitioners, st Read more.

Madras - Judicial Misconduct - Judicial officers must maintain integrity and comply with court orders; serious misconduct justifies dismissal from service.

(A) Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Rule 17(b) - Protection of Women from Domestic Violence Act, 2005 - Section 20(4) - Dismissal from service of a Judicial Officer for misconduct including manipulation of case records and dereliction of duty - The petitioner failed Read more.

Madhya Pradesh - Election Petitions - Substantial compliance with election petition requirements is sufficient to avoid dismissal; non-disclosure of criminal antecedents must be adequately pleaded to establish corrupt practices.

(A) Representation of People Act, 1951 - Section 81(3) and Section 86 - Election petition - Non-compliance with provisions regarding the supply of true copies of election petition and affidavit - Supreme Court judgments discussed regarding curability of defects in election petitions - The court hel Read more.

Telangana - Disqualification of Candidates - In election petitions, the burden of proof lies on the petitioner to establish disqualification claims beyond reasonable doubt, failing which the petition must be dismissed.

(A) Greater Hyderabad Municipal Corporation Act, 1955 - Sections 21-B, 71 to 80, and 79(2)(d) - Election petition - Challenge to eligibility of candidate based on alleged suppression of facts regarding children - Appellant failed to prove beyond reasonable doubt that respondent No.4 had three child Read more.

Allahabad - Termination of Employment - Termination of service without a hearing based on pending allegations violates principles of natural justice and is deemed arbitrary.

(A) Constitution of India - Article 14 and Article 311 - Termination of service - The petitioner challenged the termination order dated 14.02.2025, asserting it was stigmatic and issued without a hearing based solely on a pending F.I.R. - The court emphasized that an opportunity for a hearing must Read more.

Allahabad - Pension and Promotion - Eligibility for pension benefits requires continuous service without voluntary breaks; prior service in different institutions does not automatically qualify unless condoned.

(A) Banaras Hindu University Statutes - Merit Promotion Scheme - Central Civil Service Pension Rules, 1972 - Central Universities Retirement Benefit Rules, 1967 - Promotion eligibility - Petitioner claimed pension refixation including prior service periods, which was denied by the University citing Read more.

Central Administrative Tribunal - Pay Scale Disputes - Downgrading an employee's pay scale without notice violates natural justice and equal treatment principles, entitling the employee to the originally promised pay scale.

(A) Constitution of India - Articles 14 and 16 - Government Order No. 233 of 2008 - Quashing of order denying higher pay scale - Petitioner, a Carpenter, was wrongly downgraded from Rs. 3050-4590 to Rs. 2610-3540 after 9 years of service, despite eligibility for higher pay scale under SRO 14 of 199 Read more.

Central Administrative Tribunal - Termination of Service - Termination of service based on submission of a fake disability certificate is justified; provisional appointments require verification of documents.

(A) CCS (Temporary Service) Rules, 1965 - Termination of service - The applicant challenged the termination of his service on grounds of alleged misconduct related to a fake disability certificate. The court found that the applicant's appointment was provisional and subject to verification, and tha Read more.

Central Administrative Tribunal - Promotion Regularization - Employees performing duties of a higher post for an extended period are entitled to regularization and retrospective benefits, despite administrative delays in the promotion process.

(A) Promotion Regularization - Principles of regularization of temporary appointments - The applicants, appointed as Anganwadi Workers, sought regularization of their promotion to Supervisor under the 25% reserved quota after performing supervisory duties since 2018 without formal promotion. The co Read more.

Central Administrative Tribunal - Transfer and Deployment - Transfer orders must comply with established procedures and authority, particularly in operational contexts, to protect employee rights.

(A) Railway Board Circulars - 10.06.2014 and 07.08.2020 - Transfer of Parcel Porters - Applicants challenged transfer order citing lack of authority and procedural violations - Respondents justified deployment for operational necessity - Tribunal found transfer order lacked procedural compliance an Read more.

Central Administrative Tribunal - Appointment and Termination - An appointment made against a non-existent vacancy is void ab initio, and the applicant cannot be penalized for administrative errors of the employer.

(A) Sher-e-Kashmir University of Agriculture Sciences and Technology Act, 1982 - Appointment against non-existent vacancy - The applicant applied for the post of Subject Matter Specialist and was appointed despite no vacancy existing in the discipline of Plant Breeding and Genetics - The respondent Read more.

Central Administrative Tribunal - Compassionate Appointment - Compassionate appointments are not a right and can be denied based on delay and lack of dependency, especially when the family has been self-sufficient for a significant time.

(A) Compassionate Appointment - Circular dated 12.06.2013 - The applicant, a married son of a deceased employee, was denied compassionate appointment based on the circular stating that married sons are not considered dependents. The application was filed after a significant delay, rendering it time Read more.

Central Administrative Tribunal - Regularization of Services - The court established that long service and qualifications entitle an employee to regularization, emphasizing equitable treatment for similarly situated individuals.

(A) Government Order No. Rev (NG) 142 of 1999 - Regularization of service - The petitioner sought regularization as a Chainman/Prism Man in the Revenue Department, claiming eligibility based on continuous service since 2003 and qualifications. The court emphasized the importance of treating similar Read more.

Central Administrative Tribunal - Recruitment and Selection - The rejection of a candidate's appointment based on an invalid EWS certificate was deemed unjust, emphasizing the need for fair treatment and consideration of exceptional circumstances, particularly during the pandemic.

(A) Constitution of India - Articles 14 and 16 - Recruitment - Denial of appointment on grounds of invalid EWS certificate - Applicant fulfilled eligibility criteria but was rejected on technicality - Principle of natural justice mandates fair treatment and consideration of exceptional circumstance Read more.

Central Administrative Tribunal - Public Service Employment - Recovery of benefits under SRO-59 cannot occur without fraud or misrepresentation; retiral benefits must be based on the last pay drawn.

(A) Jammu and Kashmir Civil Services Pay Rules, 1987 - SRO-59 of 1990 - Recovery of benefits - Applicants, permanent employees of the PHE Department, sought implementation of revised pay scales under SRO-59, which were not granted despite official directives. The Tribunal ruled that recovery of ben Read more.

Central Administrative Tribunal - Labour Disputes - The principle of res judicata bars re-litigation of claims previously adjudicated, and the Tribunal lacks authority to grant retrospective benefits not supported by law.

(A) Industrial Disputes Act, 1947 - Section 2 - Temporary Status - The applicant sought conferment of temporary status as a casual labourer after completing 240 days of service, which was denied despite previous orders from the Tribunal and the Supreme Court - The Tribunal found that the applicant' Read more.

Central Administrative Tribunal - Disciplinary Proceedings - The treatment of a period as 'dies non' must adhere to principles of natural justice and cannot be applied arbitrarily, especially when a related legal challenge is pending.

(A) Civil Service Regulations - Article 163 - Unauthorized absence - The applicant, a Constable, was removed from service for unauthorized absence but was reinstated following a High Court order quashing the removal. The disciplinary authority treated the period of absence as 'dies non', which was Read more.

Central Administrative Tribunal - Pay Protection - Employees absorbed with conditional consent are entitled to pay protection and arrears from the date of absorption, and denial of such benefits is arbitrary.

(A) J&K Civil Services Regulations - Article 77 - Absorption of employees - Employees of the erstwhile Milk Federation absorbed in Animal Husbandry Department with conditional pay protection - Court held that consent for absorption included pay protection, and denial of arrears is arbitrary and con Read more.

Central Administrative Tribunal - Service Regularization - The court established that casual laborers are entitled to regularization and equal benefits based on service duration, emphasizing adherence to established circulars and principles of natural justice.

(A) Administrative Tribunals Act, 1985 - Section 19 - Applicants sought relief for quashing an order and regularization of services - Applicants worked as CPNGs from 1985-1987, claiming entitlement to temporary status from 1991 based on service duration and applicable circulars - Respondents grante Read more.

Central Administrative Tribunal - Service Regularization - An applicant must provide valid proof of engagement to claim wages and regularization under SRO 64 of 1994; absence of such proof leads to dismissal of claims.

(A) SRO 64 of 1994 - Regularization of service - The applicant claimed wages and regularization as a daily wager since 1993, supported by an endorsement from the Divisional Forest Officer; however, no original engagement order was provided, and the Committee found no evidence of active engagement. Read more.

Central Administrative Tribunal - Regularization of Services - Long-term contractual employees may be entitled to regularization based on continuous service and adherence to Supreme Court guidelines, despite initial irregularities in appointment.

(A) Constitution of India - Article 14 - Regularization of services - The applicant challenged the rejection of his request for regularization after 23 years of service on a contractual basis as Ward Boy/Nursing Orderly - The court emphasized the need for reconsideration of the applicant's case in Read more.

Central Administrative Tribunal - Labour Disputes - The principle of res judicata bars re-litigation of claims previously adjudicated, and the Tribunal lacks authority to grant relief contrary to established legal decisions.

(A) Industrial Disputes Act, 1947 - Section 20 - Temporary Status - The applicant sought conferment of temporary status as a casual labourer after completing 240 days of service, which was denied despite previous orders from the Tribunal and the Supreme Court. The Tribunal found that the applicant' Read more.

Central Administrative Tribunal - Recruitment - Minor omissions in application documents do not invalidate eligibility if essential qualifications are met, as per the principle of de minimis non curat lex.

(A) Recruitment Advertisement - GPA Conversion Certificate - The applicant's candidature for the post of Wood Scientist-B was rejected due to non-uploading of the GPA Conversion Certificate, which was deemed mandatory as per the advertisement. The Tribunal found that the omission was not fatal to t Read more.

Central Administrative Tribunal - Disciplinary Proceedings - The court emphasized the necessity of adhering to natural justice principles in disciplinary proceedings, particularly regarding the right to present a defense and the handling of procedural requests.

(A) Department of Posts, Gramin Dak Sewaks (Conduct and Engagement) Rules, 2011 - Rule 10 - Dismissal from service - The applicant challenged the dismissal order citing denial of defence witnesses and irregularities in the enquiry process - The court found procedural flaws in the rejection of defen Read more.

Chhattisgarh - Termination of Service - Termination of service must be substantiated with evidence; arbitrary decisions ignoring relevant material violate principles of natural justice.

(A) Constitution of India - Article 226 - Writ petition challenging termination of service on grounds of providing wrong address in verification form - Petitioner acquitted in criminal case, sought reinstatement based on compassionate appointment after husband's death - Respondents' orders quashed Read more.

Madhya Pradesh - Public Employment - Dismissal of a police officer without a departmental inquiry violates Article 311(2)(b) of the Constitution, necessitating adherence to principles of natural justice.

(A) Constitution of India - Article 226 and Article 311(2)(b) - Dismissal of police officer - Dismissal without departmental inquiry held invalid - The petitioner was dismissed from service on allegations of theft without conducting a proper inquiry, violating the principles of natural justice. (Pa Read more.

Madhya Pradesh - Wage Claims - Once benefits under a government policy are availed, employees cannot claim minimum pay scale but are entitled to arrears until the policy benefits were applied.

(A) Writ Jurisdiction - Mandamus - Claim for minimum pay scale and arrears - Petitioners sought minimum pay scale of Rs. 4440-7440 with grade pay Rs. 1300/- from 03.11.2011 to 07.10.2016 - Court noted that petitioners had already availed benefits under policy dated 07.10.2016, which classified them Read more.

Madhya Pradesh - Pension and Retirement Benefits - Employees retiring on June 30 are entitled to annual increments effective July 1, as established by the Supreme Court.

(A) Constitution of India - Article 226 - Increment entitlement - Petitioner, a government employee, retired on 30/06/2024, denied increment on grounds of ineligibility - Supreme Court ruling in Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. establishes entitlement for increment f Read more.

Madras - Industrial Disputes - Retired workmen can maintain claims under Section 33C(2) of the Industrial Disputes Act, emphasizing the need for consideration of pre-existing rights.

(A) Industrial Disputes Act, 1947 - Section 33C(2) - Claim for earned leave wages - Petitioner retired after 35 years of service, sought payment of earned leave wages amounting to Rs.1,00,336/- - Labour Court dismissed the claim, stating no pre-existing right existed - Court found Labour Court's re Read more.

Madras - Industrial Disputes - The Labour Court upheld the dismissal of a workman for unauthorized absence, emphasizing that explanations based on astrological predictions are unacceptable and do not justify such absence.

(A) Industrial Disputes Act, 1947 - Section 11A - Dismissal of workman for unauthorized absence - The Labour Court upheld the dismissal of the Petitioner, a Conductor, for unauthorized absence due to illness, which was not substantiated - The explanation based on astrological predictions was deemed Read more.

Madras - Gratuity Claims - Continuous service must be recognized for gratuity claims, and employers cannot evade liability by claiming distinct operational units without evidence.

(A) Payment of Gratuity Act, 1972 - Section 7(7) and Section 4A(2) - Gratuity claim - Appellate Authority directed Petitioner to pay Rs.2,08,186/- towards gratuity to deceased employee, with interest at 10% per annum - Petitioner contended that gratuity was not due as employee was covered under a G Read more.

Madras - Labour Disputes - The Labour Court exceeded its jurisdiction in reinstating a workman without proper examination of the dismissal order, leading to the dismissal of the writ petition as withdrawn.

(A) Industrial Disputes Act, 1947 - Award by Labour Court - Challenge to reinstatement and back wages - The Labour Court set aside the dismissal order and directed reinstatement with 75% back wages - The writ petition was dismissed as withdrawn, allowing the petitioner to withdraw the deposited amo Read more.

Rajasthan - Wages and Compensation - Overtime wages are included in the definition of wages under the Payment of Wages Act, and the Appellate Court erred in denying the claim based on contract absence and wage ceiling.

(A) Payment of Wages Act, 1936 - Sections 1(6), 2(vi), 15(2), and 16 - Overtime wages claim - Petitioners claimed overtime wages for work done beyond 8 hours, asserting entitlement under the Act - Authority ruled in favor of petitioners, but Appellate Court set aside the decision citing lack of ove Read more.

Supreme Court - Disciplinary Proceedings - Due process must be followed in disciplinary proceedings, including the right to cross-examine witnesses; vagueness of charges can render a dismissal unjustified.

(A) Indian Penal Code, 1860 - Sections 392, 387, 420, 342, 419, and 34 - Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 - Dismissal from service - The appellant, a Constable, was dismissed based on disciplinary proceedings following his arrest related to criminal charges. Read more.

National Green Tribunal - Mining Regulations - Mining approvals must comply with the District Survey Report and environmental regulations, emphasizing the need for replenishment studies and accurate assessments of mineral potential.

(A) National Green Tribunal Act, 2010 - Sections 14 and 18 - Environment Protection Rules, 1986 - Approval of mining plans - The applicant challenged the approval of mining plans for violating the District Survey Plan and environmental regulations. The court emphasized the necessity of prior Enviro Read more.

Allahabad - Maintenance - Maintenance arrears can only be claimed for the period within one year preceding the application date, as per Section 125(3) Cr.P.C.

(A) Code of Criminal Procedure, 1973 - Section 125(3) - Maintenance - Application for recovery of arrears of maintenance rejected by Family Court - Court held that no warrant for recovery can be issued unless application is made within one year from the date it became due - Opposite party sought re Read more.

Andhra Pradesh - Maintenance - The court prioritized timely resolution of maintenance cases over transfer, directing the Adoni Magistrate to conclude the pending case by a specified date.

(A) Code of Criminal Procedure, 1973 - Section 407 - Transfer of Maintenance Case - Petitioners sought to transfer M.C.No.5 of 2020 from Adoni to Kadapa due to residence change and delay in proceedings - Court noted that the case has been pending for five years without disposal - Instead of transfe Read more.

Andhra Pradesh - Matrimonial Proceedings - In matrimonial proceedings, the convenience of the wife is paramount when considering transfer requests under Section 24 of the C.P.C.

(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of matrimonial proceedings - Petition for transfer of H.M.O.P.No.150 of 2024 from Tenali to Nuzividu due to inconvenience faced by the petitioner/wife residing with her child - The court emphasized the need to consider the wife's convenience Read more.

Gujarat - Marriage and Protection - Individuals of majority age have the right to marry freely, and threats or violence against them for such choices are illegal.

(A) Special Marriage Act, 1954 - Protection of individuals in interfaith marriages - The petitioner sought police protection due to threats from family and community members after expressing intent to marry outside her religion. The court emphasized the right of individuals to marry of their own ch Read more.

Himachal Pradesh - Mediation and Settlement - The court upheld the validity of a mediation settlement agreement, emphasizing voluntary compliance and the withdrawal of legal disputes between the parties.

(A) Hindu Marriage Act, 1955 - Settlement Agreement - Mediation - The parties entered into a settlement agreement resolving disputes amicably, with the respondent agreeing to pay Rs. 7 lakh in three installments as full and final maintenance to the appellant. The appellant will withdraw pending cas Read more.

Madras - Child Custody - The court emphasized that a biological parent's visitation rights should not be denied based on unproven allegations, prioritizing the children's welfare.

(A) Guardians and Wards Act, 1890 - Section 17 - Custody of minor children - Application for interim custody of minor children during summer holidays - The court considered the mother's request for unsupervised custody, noting the father's removal of children from their previous residence and the m Read more.

Supreme Court - Divorce - The court established that a marriage can be dissolved on the grounds of irretrievable breakdown, emphasizing the importance of visitation rights for the welfare of the child.

(A) Hindu Marriage Act, 1955 - Sections 13(1)(ia) and (iii) - Constitution of India - Article 142 - Appeal for dissolution of marriage - The Family Court dismissed the appellant's petition for divorce, citing lack of sustained allegations of cruelty due to cohabitation until March 2014 - The marria Read more.

Madras - Wage Disputes - The court upheld the Industrial Tribunal's award for wage revision, emphasizing the need for fair compensation while considering the financial capacity of the management.

(A) Industrial Disputes Act, 1947 - Section 18(1) - Writ petition challenging the Award dated 20.12.2019 passed by the Industrial Tribunal - Tribunal granted certain demands of the Trade Union while rejecting others - Management contended that the Tribunal failed to consider financial capacity and Read more.

Supreme Court - Compensation Determination - The date for determining market value of land under the RFCTLARR Act, 2013 is the date of issuance of Notification under Section 11, not a fixed earlier date.

(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 26(1) - Determination of market value of land - High Court erroneously fixed the date for market value determination as 01st January, 2014, instead of the date of issuance of Not Read more.

Supreme Court - Land Acquisition - The court emphasized a liberal approach in condoning delays in land acquisition cases to ensure just compensation is awarded, reflecting the principle that procedural delays should not deny substantive justice.

(A) Land Acquisition Act, 1894 - Section 6 and Section 23(2) - Appeals against refusal to condone delay in filing appeals regarding compensation for land acquisition - The High Court's refusal to condone delay was challenged, emphasizing the need for a liberal approach in such matters. (Paras 2, 7, Read more.

Chhattisgarh - Compensation Claims - The court established that eyewitness testimony is crucial in determining negligence in motor vehicle accidents, overriding the Tribunal's erroneous conclusions.

(A) Motor Vehicles Act, 1988 - Section 173 and 166 - Appeal against rejection of claim application - Claimants sought compensation for death of Jeevrakhan due to accident involving offending vehicle driven by Ramesh Sahu - Tribunal found no negligence on part of driver - Appeal allowed, Tribunal's Read more.

Madhya Pradesh - Compensation and Negligence - Contributory negligence cannot be assumed from violations like not wearing a helmet or lacking a valid license unless supported by factual evidence linking these actions to the accident.

(A) Motor Vehicles Act - Sections related to contributory negligence - The Tribunal deducted 50% of compensation for contributory negligence, citing non-wearing of a helmet and lack of a regular driving license as factors. The court found no evidence supporting this deduction and emphasized that me Read more.

Chhattisgarh - Limitation and Procedural Issues - The limitation period for filing a claim application under the Motor Vehicles Act is strictly six months, with no provision for condonation of delay.

(A) Motor Vehicles Act, 1988 - Section 166(3) - Revision against order of Claims Tribunal - Claim application filed beyond six months - Insurance Company challenged maintainability due to delay - Tribunal dismissed application under Order 7 Rule 11 of CPC - Court noted that the matter of delay is p Read more.

Supreme Court - Compensation Claims - Income Tax Returns are essential for assessing compensation under the Motor Vehicles Act, and timing of submission should not disadvantage claimants.

(A) Motor Vehicles Act, 1988 - Sections 166 and 140 - Compensation for death in a motor accident - High Court reduced compensation from Rs.31,41,000/- to Rs.16,97,370/- based on income assessment, which was found erroneous - Income Tax Returns are reliable evidence for assessing income of deceased Read more.

Central Administrative Tribunal - Family Pension - The burden of proof lies on the applicants to establish the death of the original employee to claim family pension, which was not conclusively proven.

(A) Family Pension - Denial of family pension - The applicants, legal heirs of a deceased employee, claimed wrongful denial of family pension despite prior benefits being granted - Respondents contended that the original employee was alive and thus the pension was stopped - The Tribunal found that Read more.

Central Administrative Tribunal - Family Pension Entitlement - Family pension eligibility requires dependency on the deceased, with the father prioritized as the beneficiary over the mother unless the father is not present or entitled.

(A) CSR Volume II - Rules 21 and 22 - Family pension entitlement - The applicant, mother of the deceased employee, claimed family pension after the widow's remarriage led to cessation of her benefits. The court held that the father is the primary beneficiary, and the mother is only entitled if the Read more.

Supreme Court - Disability Pension - The presumption of sound health upon entry into military service requires the employer to prove that a disability is not attributable to or aggravated by military service, especially when the individual is invalided out due to such disability.

(A) Armed Forces Tribunal Act, 2007 - Sections 30 and 31(1) - Pension Regulations for the Army, 1961 - Regulations 173 and 183 - Disability pension - Appellant invalided out of service due to disability assessed at less than 20% - Tribunal dismissed claim for disability element of pension - Court f Read more.

Madras - Revocation of Probate - Probate can be revoked if obtained fraudulently, but the applicant failed to provide evidence of fraud, leading to dismissal of the application.

(A) Indian Succession Act - Section 263 - Revocation of probate - Application filed by Trustee to revoke Will probated in 2005 on grounds of fraud and suspicious circumstances surrounding the Will - Court found no tangible evidence to support claims of fraud, affirming previous judgments that deeme Read more.

Andhra Pradesh - Succession and Inheritance - Escheat proceedings initiated without following proper procedures are invalid, and Class-II heirs are entitled to claim the properties of a deceased without Class-I heirs.

(A) Code of Civil Procedure - Section 96 - Andhra Pradesh Escheats Act - The appeal challenges the trial court's decree declaring escheat proceedings illegal and void, ordering recovery of properties and past profits. The plaintiff claimed rights as a Class-II heir under the Hindu Succession Act. ( Read more.

Andhra Pradesh - Landlord-Tenant Disputes - A tenant cannot acquire title against the true owner, and the rights of subsequent purchasers are protected under law, emphasizing the obligation to vacate upon lease termination.

(A) Civil Procedure Code, 1908 - Section 100 - Transfer of Property Act, 1882 - Section 52 - Second appeal against concurrent findings of fact - Plaintiffs sought recovery of possession and damages for unauthorized occupation - The trial court decreed the suit, confirming ownership of plaintiffs po Read more.

Andhra Pradesh - Tenancy - The Special Officer in eviction proceedings can address landlord-tenant relationships but cannot conclusively determine ownership rights or the validity of adoption and Wills.

(A) Andhra Pradesh (Andhra Area) Tenancy Act, 1956 - Sections 2(f), 2(c), 12, 13, 15, and 16 - Eviction proceedings - Tenant's claim of ownership based on alleged adoption and unregistered Will rejected - Courts affirmed landlord-tenant relationship and found default in rent payment and unauthorize Read more.

Chhattisgarh - Succession and Inheritance - The court ruled that the disputed property was self-acquired, entitling both siblings to equal shares under Section 8 of the Hindu Succession Act.

(A) Code of Civil Procedure, 1908 - Section 96 - Hindu Succession Act, 1956 - Section 8 - Dispute over ancestral property - Plaintiff claimed sole ownership of land after father's death; however, the court found it to be self-acquired property of the father, thus entitling both siblings to equal sh Read more.

Himachal Pradesh - Rent Control - Revisional jurisdiction under the Rent Act cannot be equated with appellate jurisdiction; it is limited to assessing legality and propriety without re-evaluating evidence.

(A) Himachal Pradesh Urban Rent Control Act, 1987 - Section 24(5) - Revision Petition against eviction order for arrears of rent - Appellate Authority reversed Rent Controller's order, allowing eviction for ₹48,243/- arrears unless paid within 30 days - Jurisdictional limits of revisional power dis Read more.

Himachal Pradesh - Rent Control - The right to re-entry for tenants post-eviction is contingent upon mutual agreement and completion of rebuilding, not an absolute right.

(A) H.P. Urban Rent Control Act, 1987 - Section 14(3)(c) - Tenant's application for direction to landlord for construction timeline and re-induction after eviction dismissed - Landlord's eviction petition based on bona fide requirement upheld - Tenant's claim for re-entry denied due to lack of evid Read more.

Madhya Pradesh - Eviction - The court affirmed the eviction under Section 12(1)(f) of the M.P. Accommodation Control Act, establishing the landlord's bona fide requirement for business expansion.

(A) Civil Procedure Code, 1908 - Section 100 - M.P. Accommodation Control Act, 1961 - Section 12(1)(f) - Eviction suit - Plaintiff, as Karta of Joint Hindu Family, sought eviction of tenant for bona fide requirement for business - Courts upheld eviction based on evidence of need and lack of alterna Read more.

Madhya Pradesh - Land Disputes - The principle of res judicata bars claims of title based on prior dismissals, while illegal possession can be addressed through demarcation proceedings under Section 250 of MPLRC.

(A) MPLRC, 1959 - Section 250 - Petition under Article 226 - Dispute over possession of land - Orders by SDO and Additional Commissioner upheld the respondents' claim of illegal possession by petitioners - Demarcation proceedings confirmed for certain survey numbers while quashing others - Petition Read more.

Madhya Pradesh - Landlord-Tenant Disputes - Tenant cannot deny landlord's title during tenancy; denial of title constitutes grounds for eviction under M.P. Accommodation Control Act.

(A) M.P. Accommodation Control Act, 1961 - Sections 12(1)(a), (c), (m), and (n) - Ejectment suit - Plaintiff sought eviction of tenant for non-payment of rent, denial of title, illegal construction, and bona fide need for construction - Courts affirmed eviction based on established landlord-tenant Read more.

Madras - Registration and Title Disputes - The High Court cannot resolve factual disputes in property ownership cases and must defer to civil courts for adjudication.

(A) Registration Act - Section 77A - Constitution of India - Article 226 - Writ petition challenging the cancellation of documents as fraudulent - The petitioner claims ownership of properties originally owned by Mrs. Samudra Rani, which were sold under a decree of specific performance. The Distric Read more.

Madras - Landlord-Tenant Disputes - The landlord must prove ownership to establish a valid landlord-tenant relationship; failure to do so results in dismissal of eviction petitions.

(A) Rent Control Act - Eviction petitions - The landlord's petitions for eviction on grounds of willful default were dismissed by the Rent Controller and the Appellate Authority due to lack of evidence establishing landlord-tenant relationship - The petitioner society failed to prove ownership of t Read more.

Supreme Court - Land Development - The court affirmed the necessity for compliance with procedural orders in allotment agreements and the role of the Special Committee in addressing grievances of allottees.

(A) Haryana Development and Regulation of Urban Areas Act, 1975 - Agreement between Builder and Director, Town and Country Planning - Builder failed to adhere to allotment terms, leading to petitions under Article 32 - Special Committee appointed to resolve issues - Applications from allottees for Read more.

Supreme Court - Gift Deed and Title Disputes - A plaintiff not party to a deed need not seek its cancellation to assert title; a declaration of title suffices.

(A) Specific Relief Act, 1963 - Sections 31 and 34 - Gift Deed - Validity and possession - The High Court set aside the decree in favor of the plaintiffs, ruling that failure to challenge a subsequent sale deed barred their claim. The Trial Court and First Appellate Court had affirmed the validity Read more.

Supreme Court - Transfer of Property - The court ruled that a suit for possession based on title must establish ownership, and failure to prove the will and the suit being barred by limitation led to dismissal.

(A) Code of Civil Procedure, 1908 - Section 100 - Indian Evidence Act, 1872 - Section 68 and 90A - Transfer of Property Act, 1882 - Section 41 - Limitation Act, 1963 - Articles 58, 59, and 65 - Appeal against dismissal of suit for cancellation of sale deeds and recovery of possession - The High Cou Read more.

Supreme Court - Partition and Inheritance - The court affirmed that property acquired post-partition is self-acquired unless proven otherwise, emphasizing the burden of proof lies with those asserting it as ancestral.

(A) Code of Civil Procedure, 1908 - Section 100 - Appeal against partition of property - The High Court set aside the First Appellate Court's decree, restoring the trial court's judgment that the suit property was ancestral. The appellant contended that the High Court erred in framing a question of Read more.

Supreme Court - Land Acquisition - The court established that auction sales post-notification are unreliable for determining market value, emphasizing reliance on pre-notification sales for accurate compensation assessment.

(A) Land Acquisition Act, 1894 - Sections 4, 6, 11, 17, and 34 - Assessment of market value of acquired land - High Court enhanced compensation from INR 9,45,000 to INR 1,35,00,000 per acre based on auction sales - Court found reliance on auction sales erroneous due to post-notification timing and Read more.

Supreme Court - Real Estate - The competent authority under the MOFA has limited powers and cannot conclusively decide title disputes, allowing aggrieved parties to file civil suits.

(A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Section 11 - Deemed conveyance - The competent authority granted deemed conveyance of the larger plot to the first respondent, subject to executing a permanent lease in favor of Read more.

Telangana - Land Use Regulation - The court emphasized that failure to follow mandatory procedures in declaring land surplus under the Urban Land (Ceiling and Regulation) Act invalidates such proceedings, reinforcing the necessity of legal ownership and due process.

(A) Urban Land (Ceiling and Regulation) Act, 1976 - Sections 2, 3, 4, 6, 10(3), 10(5), and 10(6) - Writ petitions challenging proceedings declaring land as surplus - Petitioners claimed ownership based on prior decrees and sale deeds - Court found that due process was not followed in declaring land Read more.

Telangana - Encroachment and Access Rights - Disputes regarding factual existence of roads and encroachments are not suitable for resolution under Article 226 of the Constitution and should be addressed in civil court.

(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought a writ to declare the inaction of the respondents regarding illegal encroachment on a public road as unconstitutional - The petitioner claimed that the encroachment blocked access to their factory, affecting business Read more.

Telangana - Registration of Documents - The registering authority must register documents if procedural requirements are met, without adjudicating title disputes.

(A) Indian Registration Act, 1908 - The petitioner challenged the refusal of the registering authority to register a Gift Deed for agricultural land, asserting ownership and compliance with registration requirements. The authority's refusal was based on a family dispute regarding the land's title. Read more.

Telangana - Building Permits - Material misrepresentation in obtaining a building permit justifies cancellation under Section 450 of the GHMC Act.

(A) Greater Hyderabad Municipal Corporation Act, 1955 - Section 450 - Building permit cancellation - Petitioner claimed ownership of land based on a will deed and obtained a building permit. Respondents alleged misrepresentation and suppression of facts regarding injunction orders in a partition su Read more.

Central Administrative Tribunal - Pension Claims - Pension claims are recurring causes of action and not subject to stale claim principles, necessitating reconsideration of the applicant's case for benefits during suspension.

(A) Service Law - Pension - Claim for service benefits during suspension period - The deceased employee was acquitted of charges but did not receive subsistence allowance or benefits post-acquittal - The claim was rejected as stale by the respondents, which was challenged by the applicant - The cou Read more.

Andhra Pradesh - Value Added Tax - The assessment and penalty orders were set aside due to being beyond the limitation period, emphasizing the need for verification of composition scheme forms before imposing higher tax rates.

(A) A.P VAT Act, 2005 - Sections 4(7)(b)&(d), 20(1), 21(4), 21(5), 53(3) - Assessment and penalty orders - Petitioner registered under VAT Act, opted for composition scheme, faced assessment at higher rate due to alleged discrepancies - Court found assessment beyond limitation period and set aside Read more.

Madras - Value Added Tax - Service of assessment orders on unauthorized representatives violates procedural rules, necessitating adherence to principles of natural justice.

(A) Tamil Nadu Value Added Tax Act, 2006 - Rule 19 - Assessment orders served on unauthorized representative - The petitioner contended that assessment orders were improperly served on a consultant who was not authorized, violating procedural rules. The court found that the service was invalid as p Read more.

Madhya Pradesh - Motor Vehicles - The authority has the power to modify stage carriage routes, and permits granted in accordance with such modifications are valid under the Motor Vehicles Act.

(A) Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 - Section 2(1) - Motor Vehicles Act, 1988 - Sections 68(3)(ca), 72, and 116 - Appeal against dismissal of writ petition challenging grant of stage carriage permit - Petitioner contended that permit was granted without f Read more.

Supreme Court - - (1) Information in cognizable offences – An administrative action and a criminal proceeding stand on different footings – FIR, by taking cognizance of an offence, merely sets law into motion – This has nothing to do with a decision on administrative side, made by a different authority.
(2) Quashing of criminal proceedings – No opportunity of being heard is required before FIR is lodged or registered – Setting aside of an administrative action on the grounds of violation of principles of natural justice does not bar administrative authorities from proceeding afresh.

(A) Criminal Procedure Code, 1973 – Section 154 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 173] – Information in cognizable offences – An administrative action and a criminal proceeding stand on different footings – FIR, by taking cognizance of an offence, merely sets law into motion – Thi Read more.

Supreme Court - - Tender – Government is protector of financial resources of State and it has every right to cancel and call for fresh tender if it is in nature of protecting financial interests of State.

Government Contract – Tender – Power of tendering authority to cancel tender – DFO, being tendering authority, found that some contractors could not participate due to Covid restrictions and proceeded to retender the work – Respondents, being still allowed to participate, were not prejudiced by ret Read more.

Supreme Court - - Eviction of tenant – Bona fide requirement for occupation of landlord has to be liberally construed and, as such, even requirement of family members would be covered.

Rent and Eviction – Eviction of tenant on the ground of bonafide need of landlord – [Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 ; Rule 16(2) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972] – Bon Read more.

Supreme Court - - Contempt of Court – Any person who misuses process of Court with ulterior motives cannot be said to be a person having approached Court with clean hands – A person who tries to tarnish process of litigation to the extent of misguiding and misleading proceedings before Court resulting in passing of order(s) which are to his benefit at the cost of loss of dignity, leading to shrinkage of faith of common man in judicial process cannot be permitted.

Contempt of Courts Act, 1971 – Section 2(b) – Contempt of Court – Respondent-Contemnor has deliberately and with malafide intention, not only mislead and misused process of courts but has also intentionally violated Order passed by this Court by not making payment as directed therein – There has be Read more.

Supreme Court - - Applicability of bar of Section 19 of Prevention of Corruption Act, 1988 on exercise of power under Section 156 (3) of Cr.P.C., requires further consideration.

Prevention of Corruption Act, 1988 – Sections 17A and 19 – Criminal Procedure Code, 1973 – Section 156(3) – Direction for Police investigation – Whether considerations under Section 17A of PC Act are of such a nature that they are necessarily beyond ambit or scope of consideration by Magistrate whi Read more.

Supreme Court - - Dishonour of cheque – Matter can be disposed of in terms of consensual order.

Negotiable Instruments Act, 1881 – Sections 138 and 147 – Dishonour of cheque – Acquittal by High Court – Prayer for consensual order – 20% of amount deposited by Respondents with Additional Sessions Court along with accrued interest, shall be released to Petitioner forthwith – Amount of Rs.9.50 la Read more.

Supreme Court - - Compromise decree – Once Court passes compromise decree after such satisfaction, decree cannot be challenged in appeal as no appeal lies against compromise decree – Compromise decree cannot be challenged by filing fresh suit.

Civil Procedure Code, 1908 – Order 23 Rules 3 and 3A read with Section 96(3) – Suit seeking invalidation of compromise decree as well as partition of ancestral property – Before passing a decree on the basis of compromise, Court has to satisfy itself that suit has been adjusted by a lawful compromi Read more.