Judgments Online https://validator.w3.org/feed/docs/rss2.html Home Environment Law: Procedural Directions and Transition Environment Law: Formal disposal of longest-standing matters Environment Law: Continued Binding Effect of Past Orders Illegal Sand Mining in the National Chambal Sanctuary – Directions One Time Regularization of thousands of contractual and ad-hoc government employees Held Valid Failure to formally frame issues or “points for determination” vitiates such proceedings Supreme Court Clarifies Erroneous observations by High Court Eviction: Subsequent events in long-term litigation must be examined holistically Abetting the suicide: Ingredients of offence not met Dowry: Case against wife family for giving dowry Anticipatory Bail Granted: Rape allegations appeared to be a “counter blast” Order II Rule 2 CPC cannot be a ground for rejection of a plaint at the preliminary stage. Preventive Detention Valid as”substantial compliance” with procedural and constitutional safeguards Maintenance: Salary deductions for loans cannot be used to reduce husband’s primary legal obligation Formulation and implementation of mandatory Standard Operating Procedure to safeguard right to speedy trial Arbitration: Critical legal distinction between the “seat” and “venue” Service Law: Dismissal set aside as discharged by a criminal court on the same facts Corruption: Demand” for a bribe established even when complainant turns hostile Unpaid wages of thousands of workers from a defunct industrial conglomerate – Court Appoints administrator Bank: Failing to timely process high-value cheques – Compensation reduced Quashing of criminal proceedings set aside: Mere existence of a civil remedy Arbitration: Foreign Consent award held Executable Divorce Granted: Breached Mediated Settlement. Amalgamated company: Set-off of accumulated losses Suspension of Sentence: Corruption – Overlapping allegations of disproportionate assets Insolvency and Bankruptcy: Legal standing of suspended directors in filing appeals Probation Granted to avoid service disqualification Service Law: Grant of relaxation in educational qualifications for promotion Condonation of 31 years Delay: Such a massive delay is legally unsustainable. Suspension of Sentence: Judicial Restraint required in serious criminal cases Eviction: Principles governing unlawful sub-letting under the guise of partnership. Co-operative: validity of bye-laws which prescribed eligibility criteria for contesting elections Divorce: Financial Support Awarded To The Wife Modified Insolvency: Standards for dismissing an insolvency application Constructive Res Judicata: No Successive Litigation – Suit Dismissed Arbitration Clause: General reference in the LOI – Not bound by the arbitration clause Execution: Court Cannot Go Beyond The Terms Of Decree Or Modify It Specific Performance: Agreement to sell agricultural land – Decree Valid Insolvency and Bankruptcy Code: Eligibility of a Multi-State Co-operative Society to act as a resolution applicant Service Law: Murder on Duty – Grant of Compensation & an extraordinary family pension Limitation: Starting Point – Which date is relevant Right of a property owner to be impleaded in a writ petition Divorce: Irretrievable Breakdown – Granted Service Law: Pensionary Benefits Eligibility – Pensionable Service NDPS: Separate Punishment For Multiple offences Arising From a Single Transaction Quashing of Criminal Proceedings: POCSO – Long Term Relations Converted to Marraige – Quashed Service Law: Different Rates of Inflation-Linked Enhancements Service Law: Mandatory Requirements For Economically Weaker Section Certificates Service Law: Principles Governing Horizontal Reservations Within the “Unreserved” or “Open” Category