Latest Post

Allotment of Land — Irregularity — Public Interest Litigation — Demolition vs. Regularisation — The court must balance the wrong committed with the current reality and socio-economic consequences — Demolition of a fully operational commercial complex, involving significant investment, employment, and tax revenue, may not serve public interest if financial restitution is possible. All India Service (Death-cum-Retirement Benefits) Rules, 1958 — Rule 16(2A) — Voluntary Retirement — Acceptance by Central Government — Central Government has the ultimate authority to accept or reject a Voluntary Retirement (VRS) notice — It is not bound by the State Government’s recommendation and must apply its mind to all relevant facts and circumstances — This power is not unconstrained and is guided by DoPT Guidelines, requiring consideration of pending or contemplated disciplinary proceedings that could lead to a major penalty — The Central Government can accept a VRS request even if a major penalty is possible, but this requires a conscious and well-informed decision — Appeals allowed, order of Central Government rejecting VRS set aside, and matter remitted for fresh consideration. Environment Law — Illegal Sand Mining — Supreme Court’s directions for States to file compliance affidavits — Court expresses displeasure at Rajasthan’s lacklustre response and apathy in implementing directions affecting National Chambal Sanctuary — Rajasthan directed to ensure personal presence of senior officers with compliance reports — Court also directs Madhya Pradesh to address issue of unregistered vehicles. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 — Temporary status casual labourer — Entitlement to pensionary benefits — Held, entitled even in the absence of formal regularisation, provided eligibility criteria under Rule 10(1-B) of CCS (Temporary Service) Rules, 1965, are fulfilled. Hindu Succession Act, 1956 — Sections 8, 10, 19 — Property of a male Hindu dying intestate — Devolution of property — Heirs taking property as tenants-in-common and not joint tenants — Each heir having a definite and separate share — No presumption of coparcenary property.—-Section 8 — Property inherited by a son from his father — Son takes the property in his individual capacity and not as karta of his own Hindu Undivided Family — Descendants of the heir do not acquire rights in such property by birth.

Agreement to Sell–Mere fixation of time within which contract is to be performed does not make the stipulation as to the time as essence of contract. Agreement to Sell–Alternate plea of refund–In all suits for specific performance, plaintiff is entitled to seek alternative relief in the event the decree of specific performance cannot be granted for any reason.

2008(1) LAW HERALD (SC) 675 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 647 of 2008…

Jurisdiction of Tribunal-The main question involved in the suit was whether the suit land is a Wakf property or not- Plaintiff says that it is a Wakf property whereas the defendants say that it is not the Wakf property but it is their self- property–This question, can be decided only by the Tribunal and not by the Civil Court.

  (2017) 175 AIC 125 : (2017) AIR(SCW) 2155 : (2017) AIR(SC) 2155 : (2017) 123 ALR 784 : (2017) 4 AndhLD 106 : (2017) 2 ARC 226 : (2017)…

Criminal Procedure Code, 1973, S.439–Rape–Kidnapping–Bail–Charge sheet was filed against appellant and four other persons-Case against appellant is almost similar to that of o the r co-accused who have been enlarged on bail—Appellant has no other criminal antecedents-Bail granted-Indian Penal Code, 1860, S.376 & S.366.

(2017) 100 ACrC 979 : (2017) 177 AIC 68 : (2017) 2 AICLR 803 : (2017) AIR(SCW) 2474 : (2017) AIR(SC) 2474 : (2017) ALLMR(Cri) 2220 : (2017) CriLR 457…

You missed