Latest Post

Arbitration and Conciliation Act, 1996 — Section 11(4) — Appointment of Arbitrator — Existence of Arbitration Agreement — Non-Signatory/Third Party — The Referral Court (Appointing Authority) is required to inspect and scrutinize the dealings between the parties to prima facie examine the existence of an arbitration agreement, including whether a non-signatory is a “veritable party” to the agreement. (Paras 24, 25, 27, 28, 35) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10) Service Law — Resignation — Forfeiture of past service — Central Civil Service (Pension) Rules, 1972 — Rule 26(1) — Distinction between Resignation and Voluntary Retirement — An employee who resigns from service forfeits past service as per Rule 26(1) of the 1972 Rules, regardless of the length of service completed (20 years or more) — The act of resignation cannot be re-classified as voluntary retirement to claim pensionary benefits, as this would nullify the distinction between the two concepts and render Rule 26 nugatory — Claim for pension correctly denied where the employee resigned from service. (Paras 3, 4, 6, 9, 9.1, 9.5, 9.6, 12) Uttar Pradesh Revenue Code, 2006 — Section 30 — Maintenance of Map and Field Book — Correction of Revenue Map — Scope of Section 30 — Section 30 allows the Collector to record annual changes in boundaries or correct errors or omissions detected in the map or field book (khasra) — It does not permit reopening an issue settled previously between parties regarding the location or extent of plots, especially when the earlier decision attained finality and was based on determined possession and ownership — Efforts to change the location of a purchased plot, which has already been subject to final determination under the predecessor law (Uttar Pradesh Land Revenue Act, 1901), do not fall within the scope of “correction of errors or omissions” under Section 30. (Paras 5.1, 8, 9, 10, 12, 13, 14, 15) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court’s finding that the offence was committed “simply for reason that the complainant was belonging to scheduled caste” held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the victim’s caste — Finding based on mere observation without evidence is unsustainable. (Para 20)

Practices and Rules – Dismissal of appeal without reasoning – Impugned order passed by the High Court is a non-speaking and non­reasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable – Matter is remanded to the High Court

SUPREME COURT OF INDIA DIVISION BENCH THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 — Appellant Vs. M/S. BAJAJ HERBALS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters

Uttar Pradesh State Universities Act, 1973 – Sections 16 and 17 – State Government is not bound by any direction issued by the Central Government which would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds – Thus, any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND — Appellant Vs. SUDHIR BUDAKOTI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil…

Delhi Rent Control Act, 1958 – Section 25B(8) – HELD the mere existence of the other properties which are, in fact, denied by the appellant would not enure to the benefit of the respondent in the absence of any pleadings and supporting material before the learned Rent Controller to the effect that they are reasonably suitable for accommodation. embargo under the Enemy Property Act would not be made applicable to the properties in question.

SUPREME COURT OF INDIA DIVISION BENCH ABID-UL-ISLAM — Appellant Vs. INDER SAIN DUA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal No. 9444…

Punjab Village Common Lands (Regulation) Act, 1961, as inserted by Haryana Act No. 9/1992 -The entire land reserved for common purposes by applying pro-rata cut had to be utilized by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re-partitioned amongst the proprietors.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA — Appellant Vs. JAI SINGH AND OTHERS — Respondent ( Before : Hemant Gupta…

It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him. HELD in view of the efflux of time and taking into account the fact that few employees are now no more, we direct the Management not to effect any recovery, if payment has already been made to any of the respondents or their families.

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LIMITED AND ANOTHER — Appellant Vs. RAJESH CHANDRA SHRIVASTAVA AND OTHERS — Respondent ( Before : Hemant Gupta…

A consumer invoking the jurisdiction of the Commission can seek such reliefs as he/she considers appropriate. A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative.

SUPREME COURT OF INDIA FULL BENCH EXPERION DEVELOPERS PVRIVATE LIMITED — Appellant Vs. SUSHMA ASHOK SHIROOR — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri…

Right against deprivation of property unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A – Forcible dispossession of a person of their private property without following due process of law, was violative of both their human right, and constitutional right under Article 300-A.

SUPREME COURT OF INDIA DIVISION BENCH SUKH DUTT RATRA AND ANOTHER — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Pamidighantam…

You missed