Supreme Court Upholds Disability Pension Rules for Ex-Servicemen; NCLAT E-Filing Issues, DV Act Verdicts in Weekly Legal Roundup

The Supreme Court in Union of India v. Col. NC Isaac examined the Entitlement Rules 2008 concerning disability pension for ex-servicemen, holding that they substantially reproduce the 1982 scheme on causal connection and burden of proof. However, the Court noted the Union failed to properly demonstrate how the 2008 Rules were validly promulgated to supersede the 1982 Rules, emphasising that pensionary rules must be formally notified by the competent authority. The burden shifts to claimants only where claims are filed after 15 years.

Other significant rulings this week included the Court holding that there is no limitation period for approaching a Magistrate under Section 12 of the Domestic Violence Act, and that conditional sale of minerals from expired mining leases is permissible subject to strict safeguards. The Court also clarified that subsequent failure to fulfil a marriage promise does not constitute an offence under Section 69 BNS absent initial deceitful intent, and that inappropriate conduct without sexual intent does not amount to sexual assault under POCSO.