Category Analysis

Regularization of ad hoc service for pension benefits

For many government employees working from a long time but having not been regularised, the transition from active service to a peaceful retirement is often obstructed by a single, technical word: "Ad-hoc." By applying the 10-year Uma Devi mandate, the Court quashed the State's rejection order and directed full regularization of service from 1987. This judgment serves as a vital shield for long-term employees, reinforcing that the State cannot "take the benefit of its own wrong" to deny earned retirement security.

Cheque as Valid Tender in Decree Satisfaction

MP High Court ruling on cheque vs cash payment in execution proceedings under civil procedure law.

In a significant ruling, the Madhya Pradesh High Court (Indore Bench) has clarified that payment by cheque constitutes a valid legal tender for satisfying a court decree unless the decree specifically requires another mode of payment.

In Parth Credit and Capital Market Pvt. Ltd. v. Ideal Electronics Pvt. Ltd., Justice Alok Awasthi held that an executing court cannot impose new conditions beyond the terms of the decree. The Court emphasized that in modern commercial practice a cheque represents cash, and if honored, payment legally relates back to the date of its tender.

The ruling reinforces a key principle of execution law: courts must prioritize substance over technical objections when a judgment debtor shows bona fide intent to comply with a compromise decree.

“No Mining” Does Not Mean “No Dead Rent”

Is your mining lease inactive while you wait for Environmental Clearance? You might still be on the hook for lakhs in Dead Rent. A recent 2026 judgment by the Madhya Pradesh High Court clarifies that 'no operations' is not a defense against recovery. Read our deep dive into the M.P. Bricks Company case to learn how to protect your lease and avoid a 24% interest penalty.