Judgments Online https://validator.w3.org/feed/docs/rss2.html Rectification of conveyance cannot be done in the absence of the original transferor’s participation. MACT: Apportionment of enhanced compensation 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 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 Bail granted in financial misappropriation: Prima facie criminal culpability not established Bail granted in Attempt to Murder case on ground of Parity Condonation of Delay: Incorrect legal advice” is lacking in bona fides Bail Denied in NDPS: Mandatory “twin conditions” for bail not satisfied government’s recognition of Yogasana Bharat Quashed: Fundamentally ineligible under the mandatory criteria Territorial Jurisdiction: Lack of – Writ petition Dismissed Anticipatory bail in financial fraud denied: Evidence against and criminal antecedents Eviction Valid: No reasons beyond their control to file leave to defend Bail Granted: Investigating agency appeared to be concealing the “genesis of the occurrence”. Bail denied to murder accused: CCTV footage established applicant’s active and continuous involvement at the crime scene Arbitration Execution petition pending for nearly two decades dismissed due to lack of prosecution Bail Granted in Murder: Custody for nine years – “snail pace” of the trial Bail Granted in NDPS : No legally admissible evidence against petitioner Home Service Law: Tribunals cannot issue a mandamus substituting their own assessments to direct promotions. POCSO: FIR Against School Headmistress Valid – Strict interpretations of mandatory reporting obligations Commercial Courts: Expedite business litigation – Procedural timelines to be strictly construed. Auction Sale by Bank: Minor procedural omissions not invalidate auction Customary Law of Inheritance: Burden of Proof on party claiming custom Eviction: Merger of Bank – Change of tenant without landlord consent