Judgments Online https://validator.w3.org/feed/docs/rss2.html Limitation: Probate of a Will is a “continuous right” Rectification of conveyance cannot be done in the absence of the original transferor’s participation. Conviction set aside in 41 years old murder case – Highly Unusual Circumstances FIR In Matrimonial offence quashed on amicable settlement Petitioner is already pursuing a remedy before the appropriate forum – No Relief Arbitration: Arbitrator appointed with the consent of both parties POCSO: Sentence reduced – Provisions applicable at the time of the offense Eviction Valid: Trial Court correctly addressed all contentions Petition Dismissed For Non Prosecution – Liberty to Restore MACT: Apportionment of enhanced compensation Arbitration Award: No Re-appreciation of evidence and re-evaluation of factual findings Interim Bail: No merit in petition Anticipatory Bail Denied: Video evidence clearly showing participation in offence Bail Granted in Murder: Applicants not fired the fatal shot Bail Declined: Gravity of the alleged offense – Honour killing Bail Granted: No name at initial Stage – Long increation Writ Petition: Petitioners have equally efficacious alternative legal remedies available Eviction on ground of bona fide requirement for residential space upheld Allotment of Plot Directed: Petitioner declared Valid member of society in arbitration award Arbitration: Petition challenging award withdrawn on settlement Evidence Act, Section 68: Registered Sale deed do not require compulsury attestation PMLA: Case transfered to Delhi: Concealment of “proceeds of crime” occurred in Delhi Arbitration Award : Jurisdictional objections should be addressed through the statutory remedy provided under Section 34 Specific Performance: – Aggrement to Sell – Clause for refund of earnest money not a bar Service Law: Recruitment authority has the discretion to prescribe minimum qualifying marks for interviews Hindu Succession: Right to Pre-emption held valid MACT: Cases must be decided on “preponderance of probability” rather than strict standard of “beyond reasonable doubt, Husband acquited in 25 year old case: Credibility of Defense Evidence Foreigners Tribunal: Tribunal under obligation to conduct a proper inquiry, examine State evidence, and record a reasoned opinion Sales tax exemption retrospectively withdrawal held valid: No penality on retrospective transactions Failure of a Children’s Court to pass a reasoned order That child should be tried as an adult is a fatal procedural lapse that vitiates the trial Service Law: No relief when appointments were made in violation of established rules State has power to increase royalty and dead rent rates during the subsistence of a mining lease. Service Law: Disability during service – Mandatory duty on employers to provide reasonable accommodation. No insolvency proceedings on base of recovery certificate issued by Debt Recovery Tribunal ( Mere recovery of firearms from house does not automatically establish the house owner’s “conscious possession” Chain of circumstantial evidence not complete: Wife acquited in Husband Murder Case Plaintiff is mandatorily bound by the 120-day time limit to file a written statement – Order not appealable Refusal to refund the premium paid for unutilized additional Floor Space Index held arbitrary, discriminatory Land Acquisition held valid: Objections by land owners and hearing were substantially complied SEBI Penalty Upheld: Regulatory compliance is mandatory regardless of whether a violation results in profit or loss to investors, Constitutional validity of rules to compute mining royalties held valid Security deposits carry no interest, is a valid term: But delay in refund will carry interest Enhancement of pecuniary jurisdiction for District Courts: No stay on committee report High Court failed to provide a reasoned, transparent judgment in its capacity as final court of fact Contempt: Unconditional Apology – Delay in complying with settlement terms Service Law: Termination Valid – Failure to meet mandatory eligibility criteria. Long Pending Petition dismissed for Non-Prosecution: failure to take any active steps to pursue the matter Arbitration Award Challenge withdrawal permitted on settlement Home