Digi - Legal Insights
SERVICE LAW
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Claims made after 15 years shift onus of proving entitlement onto ex-serviceman.
TAXATION
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Delayed payment of Foreign Travel Tax cannot be equated with absolute failure to pay, and imposition of penalty is not automatic but requires judicious exercise of discretion.
SERVICE LAW
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Consistent with established precedent, temporary service prior to regularization must be counted as qualifying service for pension.
EDUCATION
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Admission process must remain fair to protect interests of genuinely eligible candidates and any wrongdoing must be addressed at all institutional levels and Institute is expected to conduct an independent and impartial examination of admission process.
SERVICE LAW
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Petitioner, a Class III employee, cannot have Rs.39,94,343/- recovered from their retiral benefits due to illegalities in process and recovery attempt occurred after Petitioners retirement, reinforcing illegality of action.
CIVIL LAW
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Impugned Seizure Memo is set aside and Respondent No.5 is directed to forthwith release goods of petitioner without insisting on Bank guarantee.
PROPERTY LAW
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Reference Court determined compensation for acquired irrigated land at Rs.2,24,400 per acre hence, claimant cannot be denied this compensation simply because their claim was limited to Rs.2,00,000 per acre.
PROPERTY LAW
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Tribunal failed to consider Petitioners' legal interests and prejudice they faced, leading to conclusion that orders cannot stand without proper evaluation of raised issues.
EDUCATION
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Admission process at Respondent No. 4 - Institute, which sanctioned 60 seats but admitted 101 students, violating regulations hence, Respondent No. 4 was penalized and required to refund fees to excess students, facing additional costs of Rs. 50,000 payable to High Court Staff Welfare Fund for their unauthorized conduct.
ARBITRATION
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A reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if it makes clause a part of contract.
TAXATION
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Petitioner, having the statutory right to receive refund of ₹3,14,58,422 along with interest after demand was set aside, same cannot be denied this by Respondent No.3 hence, impugned order is set aside and application for refund to extent of Rs.3,14,58,422/- Crores be processed expeditiously.
ARBITRATION
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determination of whether a dispute falls within an excepted matters clause of a contract falls squarely within competence of Arbitral Tribunal.
CIVIL LAW
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Impugned order is quashed and matter is remanded back to Respondent No. 2 Scrutiny Committee for fresh adjudication after considering independently documents on basis of which tribe validation certificate has been issued to petitioners sister and cousin.
PROPERTY LAW
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Mere long uninterrupted occupation, without proof of completed dedication or hostile animus, are insufficient to establish title by adverse possession.
CIVIL LAW
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Petitioners demonstration of commercial connection does not substantiate entitlement to commercial rehabilitation tenement and decision made by authorities is upheld, as petitioner failed to provide adequate proof of commercial use, leading to dismissal of petition on its merits.
SERVICE LAW
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Punishment of 'voluntary retirement' is deemed excessively harsh, leading to decision to reinstate Petitioner with 50% back wages, considering their employment status until superannuation.
CIVIL LAW
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Executing Court correctly concluded that it did not exceed its authority in rejecting execution petition, as limitation period of 12 years had lapsed without decree holder providing satisfactory evidence to justify delay.
CRIMINAL LAW
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Statutory power to confiscate a conveyance seized under Narcotic Drugs and Psychotropic Substances Act vests exclusively in trial court on conclusion of trial, and Drug Disposal Committee cannot independently dispose of vehicle without proper orders and permission from court.
SERVICE LAW
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Petitioner is entitled to pension under Old Pension Scheme and 50% of service rendered by petitioner as a part-time librarian shall be taken into consideration along with entire service rendered as a full-time librarian for purpose of qualifying service for pensionary benefits.
CIVIL LAW
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Consent terms from order dated August 1, 2001, placed an obligation on both parties to remove their temporary structures, which has not been fulfilled hence, Trial Courts view, which considered discrepancies in documents related to structure's existence, is reasonable and not arbitrary.
Judgement
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