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Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident. Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority. Reinstated judicial officer entitled to Selection/Super Time Scale despite missing ACRs; employer cannot benefit from its own wrongful discharge. A. Rajasthan Judicial Service Rules, 2010 — Rules 49, 50 — Full Court Resolution dated 15.01.2011 — Selection Scale/Super Time Scale — Application on facts — Applying the valid ACRs for 2013 and 2014 (Parts I & II) — all rated “Very Good”/”Good” with integrity certified — the Judicial Officer, having completed five years’ notional service considering reinstatement with continuity, was held entitled to Selection Scale with effect from 16.07.2018 and, upon three years therein, Super Time Scale with effect from 16.07.2021, aligned with the dates of eligibility applied to junior officers.
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Consumer
Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Service
Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.
Service Matters
Service

There is no distinction between persons having different qualifications. There are no direct appointments. The posts are filled in only through promotions. The question is what is really being done? In our view, all that has been done is that, at a particular promotion stage, in the wisdom of the administration, recognising higher skills developed through higher qualifications, and as an incentive to others to acquire these higher qualifications, an accelerated promotion on a small percentage of posts had been granted.

Oct 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND OTHERS — Appellant Vs. S.K. SINGH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.R. Shah, JJ.…

Arbitration

Arbitrator—Appointment of—Enquiry by the Court must confine itself to the examination of existence of an arbitration agreement—No more and no less Arbitration Agreement—Non-signatory to Agreement—Cannot be made party to proceedings merely because it being constituent to group of companies to which one of the company of group is signatory

Oct 13, 2019 sclaw

2019(3) Law Herald |SC) 2110 : 2019 LawHerald.Org 1336 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwiikar Hon’ble Mr. Justice Ajay Rastogi Petition for Arbitration (Civil)…

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Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw
Consumer

Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.

Jul 30, 2026 sclaw
Service

Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority.

Jul 30, 2026 sclaw