Issue for Consideration Whether there are sufficient grounds that warrant interference with the concurrent findings of the facts of all the Courts upholding validity of the Will. Headnotes† Will – Validity of Will – Exclusion of natural heirs – One BSN- testator executed bequeathing all the plaint schedule properties in the favour of his only sister L, who is the plaintiff and respondent no. 1 herein, and cancelled the POA executed in favour of his brother-in-law – Testator passed away on 30.11.1983 – After the death of the testator, an
Issue for Consideration Whether the appellant was implicated in the present case on the basis of mistaken identity. Headnotes† Case of Mistaken Identity – FIR was registered u/ss.120B IPC; ss.10(a)(i), 10(a)(iv), 38(1), Unlawful Activities (Prevention) Act, 1919; s.14(c), Foreigners Act, 1946; and s.3 r/w s.12(1)(a), Passport Act, 1967 at Q Branch police station, Trichy, in May, 2015 alleging that a conspiracy was being hatched between A-1, A-5 (named ‘Sri’) and certain other accused persons, to revive the banned Liberation
Issue for Consideration Whether the impugned judgment in setting aside the order of punishment exceeded the scope of judicial review of a decision taken in the disciplinary proceedings initiated against an employee; whether Regulation 10 of the Canara Bank Officer Employees’ (Discipline and or directory in deciding whether a common cause of action against more than one employee should be through a common or independent disciplinary proceeding. Headnotes† Disciplinary Proceedings – Judicial Review – Scope of – Writ Petition filed by Respondent-employee
Issue for Consideration Issue pertains to whether the proceedings initiated by the respondent-wife under the DV Act should be quashed; whether any party can back out from the Settlement Agreement arrived at in the mediation proceedings; and whether this Court, can exercise its powers u/Art.142(1) to the parties herein on the ground of irretrievable breakdown of marriage, upon an application filed by the appellant-husband; if yes, then on what terms and conditions. Headnotes† Hindu Marriage Act, 1955 – Protection of Women from Domestic Violence Act, 2005 – Divorce
Issue for Consideration Whether in terms of the provisions of Kerala Agricultural Income Tax Act, 1991, the amalgamated company as successor of the amalgamating company shall be entitled to set-off of the losses suffered. Headnotes† Kerala Agricultural Income Tax Act, 1991 – ss.12, 54 s.72A – A company named PRP amalgamated with the appellant company – The scheme of amalgamation was sanctioned in November 2006 – The appointed date was fixed as 01.01.2006 – There were accumulated losses in the balance sheet of amalgamating company – The issue
Issue for Consideration Under Regulation 29 of UCO Bank (Employees’) Pension Regulations, 1995 (Pension Regulation), a notice of voluntary retirement if not refused within the prescribed period of three months or before the date as specified in the notice, whether such notice would be deemed issuance of show cause notice dated 11.11.2010 by the Appellant may fall within the purview of institution of the disciplinary proceedings and such proceedings be treated as pending in terms of Regulation 20(3)(i) & (ii) of the Service Regulation; whether further action taken by the Appellant
Issue for Consideration Dispute pertains to inter-se seniority of the Assistant Engineers (Electrical)-directly recruited and internally selected candidates, and what is to be taken as the date of the appointment of the direct recruits. Headnotes† Tamil Nadu Electricity Board Regn 10(9), 87, 97 – Seniority – Inter-se seniority of the Assistant Engineers (Electrical)-directly recruited and internally selected candidates – Date of the appointment of direct recruits – Seniority of direct recruit to be counted from the first date of their
Issue for Consideration The appellants herein were dismissed from the post of librarian on which they were appointed by the State of Bihar. It was on account of the fact that the degree obtained by them from the University of Technology and Science, Raipur, Chhattisgarh, was declared invalid as Vishwavidyalaya Act, 2002 under which the University was established, was later on declared to be ultra vires. Headnotes† Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 – The University in question (mentioned at serial no.23) was granted recognition by the State of
Issue for Consideration Whether the High Court was justified in reducing the sentence awarded to the Private Respondents. Headnotes† Sentencing – Reducing the sentence in cases of grave offences by enhancing the compensation payable to the victim – Impermissibility – to or a substitute for punishment – Trial Court convicted the accused persons u/ss.307, 324 and 326, IPC and sentenced them to undergo rigorous imprisonment of three years and a fine of ₹ 5,000/- each (totalling to ₹ 10,000/-) – High Court vide impugned judgment maintained
Issue for Consideration Whether after submitting a final report u/s.173(2) of the Code of Criminal Procedure, 1973 (CrPC) (s.193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)), the police/investigating agency can conduct further investigation u/s.173(8) of CrPC (s.193(9) of BNSS) of the Magistrate/ Court concerned. Headnotes† Code of Criminal Procedure, 1973 – s.173(2), s.173(8) – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.193(3), s.193(9) – An FIR was registered against seven accused persons including appellants for the offence
Issue for Consideration Issue arose whether in the absence of a legislatively prescribed framework for quantification of environmental compensation, the NGT could enhance compensation on the basis of project cost; and whether the NGT, in exercise of its powers u/ss.15, 17 and 20 of the National in law to adopt the turnover or project cost of a project proponent inter alia as a relevant yardstick for the computation of environmental compensation. Headnotes† National Green Tribunal Act, 2010 – ss.15, 17 and 20 – Environmental compensation – Enhancement, on
Issue for Consideration The present batch of appeals concerns the challenge to the power of the State Government to prescribe the essential qualifications different from the qualification prescribed by the Central Government u/r.49 of the Drug Rules, 1945 (Drug Rules) framed in exercise of the and 33N of the Drugs and Cosmetics Act, 1940 (D&C Act) for appointment to the post of Drug Inspector (DI), or Drug Control Officer (DCO). The following issues arose for consideration – (i) Whether on conferment of power under the Drugs and Cosmetics Act, 1940 to the Central Government to
Issue for Consideration Whether a reserved category candidate who availed relaxation while qualifying Preliminary Examination, though secured more marks than cut-off of the General Category candidate in the Main Examination and Interview for personality test and secured place in the final merit candidate for cadre allocation against an unreserved vacancy. Headnotes† The Rules for a competitive examination to be held by the Union Public Service Commission in 2013 (Exam Rules, 2013) – rr.1, 13, 14(ii), 17(1) – Vacancies in the Indian Forest Service (IFS) –
Issue for Consideration Whether in absence of any provision in the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992 for institution of departmental proceedings against a superannuated employee, the Corporation could have proceeded against the of the Maharashtra Civil Services (Pension) Rules, 1982. In case enquiry is instituted after retirement of appellant, whether the Corporation had the jurisdiction to continue such enquiry and impose punishment, withholding the retiral benefits and direct recovery. Headnotes†
Issue for Consideration Whether the Bihar Engineering Service Class-II Recruitment (Amendment) Rules, 2022 can be made applicable to the 2019 Advertisements after the written examination has been conducted and the provisional merit list has been published. Headnotes† Service Law Bihar Engineering Services Class - II Recruitment Rules, 2019 – The dispute in the present case is with respect to the retrospective application of an amendment to the Bihar Engineering Services Class – II Recruitment Rules, 2019, specifically the introduction of r.8(5), whereby