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Judgements without assigned author

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Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B....

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by District Milk Producers' Co-operative Unions in Raj...

Supreme Court

Supreme Court Dismisses Wife's Appeal in Divorce Case Upholding Findings of Cruelty and Desertion. Family Court and High Court's factual findings based on evidence appreciation were affirmed as no perversity was demonstrated under Sections 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955, though maintenance was modified to monthly payments....

The dispute arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955. The parties were married in 2002 according to Hindu rites and had two children born ...

Supreme Court

Supreme Court Upholds High Court Decision on Dearness Allowance and Dearness Relief Equality in Favor of Retired Employees. Differential Enhancement Rates Between Serving and Retired Employees Found Discriminatory Under Article 14 of Constitution of India, as Object of Offsetting Inflation Applies Equally to Both Groups....

The dispute arose from retired employees of the Kerala State Road Transport Corporation (KSRTC) filing writ petitions challenging the differential rates of enhancement for dearness allowance (DA) and ...

Supreme Court

Supreme Court Allows Civil Appeal in Promotion Dispute Under Cooperative Societies Law - Registrar's Rejection of Relaxation in Educational Qualification Found Arbitrary and Discriminatory. Court Held That Power to Grant Relaxation Vested with Board of Directors Under Rule 19-A Proviso of Service Rules, and Registrar's Cryptic Decision Violated Principles of Natural Justice and Equality Under Article 14 of Constitution....

The dispute arose from the appellant's challenge to the rejection of his promotion to Society Manager due to educational qualification requirements. The appellant, appointed as Sahayak Samiti Sevak in...

Supreme Court

Supreme Court Reverses Remand Order and Upholds Ex Parte Decree in Tenancy Suit Due to Unsubstantiated Fraud Allegations and Inordinate Delay. The Court found that the defendant had opportunity to defend, delay of 31 years was unjustified, and failure to produce sale deed warranted adverse inference under the Indian Evidence Act, 1872....

The dispute originated from a suit filed under Section 88 of the Rajasthan Tenancy Act, 1955, by the appellant's mother on behalf of her minor son, seeking declaration of khatedari (tenant-occupant) r...

Supreme Court

Supreme Court Upholds High Court's Direction for Fresh EWS Certificate Issuance in Recruitment Dispute. High Court Properly Exercised Discretion Given Ambiguity in Advertisement Terms and Government Notifications Regarding Financial Year Requirements for EWS Certificates....

The Supreme Court considered appeals challenging a common judgment of the Allahabad High Court regarding the validity of Economically Weaker Section certificates submitted by candidates for Health Wor...

High Court

Madras High Court Quashes Criminal Proceedings Against Pharmacy Company and Directors in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Bars Prosecution. Cognizance Taken Without Valid Sanction from Central Government Under Section 32A of Drugs and Cosmetics Act, 1940 is Void Ab Initio....

The judgment pertains to two criminal original petitions filed by M/s. Dharma Pharmacy Pvt. Ltd. and its directors, V. Dharmalingam and Mageswari Dharmalingam, seeking quashing of criminal proceedings...

High Court

Madras High Court Disposes of Writ Petition Seeking Removal of Encroachments, Grants Liberty to File Revision Under Land Encroachment Act. Petitioner's challenge to cancellation of eviction order by District Collector fails as appellate remedy already exhausted....

The petitioner, N. Saravana Prakash, filed a Writ of Mandamus before the Madras High Court seeking removal of encroachments on land. The Tahsildar had conducted a survey and issued a show cause notice...

High Court

Madras High Court Directs Removal of Encroachments on Village Roads Under Land Encroachment Act — Authorities to Complete Process Within Twelve Weeks. Petitioner sought removal of encroachments by 4th respondent on survey numbers 297/7, 297/13, and 298; court directed authorities to proceed after due notice under Sections 6 and 7 of the Land Encroachment Act....

The petitioner, Radhika, filed a writ petition before the Madras High Court seeking a direction to the respondents 1 to 3 (District Collector, Thasildar, and Block Development Officer) to remove illeg...

High Court

Madras High Court Directs Removal of Encroachments on Public Road by Temple and Petitioner in Writ Petition for Public Nuisance. Court Orders Authorities to Remove All Encroachments Following Statutory Procedure Within Twelve Weeks, Finding Both Temple and Petitioner Had Encroached on Public Road....

The petitioner, M.Selvam, filed a writ petition before the Madras High Court seeking a direction to respondents 1 to 4 (Commissioner of Oulgaret Municipality, District Collector, Director of Hindu Rel...

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