Public Procurement – Tender Eligibility – State-specific Past Performance – Condition requiring bidders to have supplied sports goods worth ₹6 crores cumulatively to Chhattisgarh State agencies in the last three years held arbitrary and discriminatory – Creates an artificial barrier and closes the market to otherwise competent bidders from outside the State – Violat...
Service Law – Promotion – Disability – Section 47(2) of Persons with Disabilities Act – Colour Perception – Medical Standards – Denial of Promotion Not Discriminatory – Respondent, an employee in the Research Designs and Standards Organisation (RDSO), was denied promotion to the post of Chief Research Assistant for not possessing B1 medical fitness, which ...
Service Law – Deputation – Absorption – Advance Increment – Deputationists from State Government absorbed into FCI challenged denial of one advance increment granted to similarly placed Central Government employees – High Court allowed the claim – Supreme Court upheld High Court’s view – Held: Once absorbed, both Central and State deputationists were...
Service Law - Departmental Action – Removal from Service – Section 11(1) CRPF Act, 1949 and Rule 27 CRPF Rules, 1955 – Validity of Punishment – The respondent, a CRPF constable, overstayed sanctioned leave by 315 days without justification – He was removed from service after departmental enquiry – The High Court held that removal was without jurisdiction as Sect...
Service Law - Absorption And Regularisation - Statutory Canteen – Status of Employees – Section 46, Factories Act, 1948 – Absorption Denied – Canteen workers employed through contractor in refinery canteen claimed absorption as IOC employees – Single Judge allowed claim holding canteen is statutory and workers are employees of management – Division Bench reverse...
Civil Procedure – Amendment of Written Statement – Withdrawal of Admission – Application under Order 6 Rule 17 CPC seeking deletion of phrase "under different tenancies" in reply – Tenant clarified initial inconsistency regarding nature of tenancy in rent proceedings – Held: Admission in written statement can be explained or withdrawn – Amendment sough...
Civil Procedure – Award of Costs – Section 35 and 35A CPC – Appellant filed suit for specific performance – Both trial court and High Court found plaintiff and defendants guilty of falsehood and imposed exemplary costs of Rs. 1 lakh each to be deposited with Delhi High Court Legal Services Committee – Held: While costs are discretionary under Section 35 CPC, they are ...
Constitutionality of Section 22A of the Registration Act, 1908 - Registration Act – Section 22A – Unconstitutional Amendment – Power Misused – The Rajasthan Amendment to Section 22A of the Registration Act authorized the State to declare by notification that registration of certain documents is opposed to public policy – Held: Such delegation of power is excessive, un...
Land Reforms – Fraudulent Surrender of Acquired Land – Tribunal Entitled to Reopen – Respondent surrendered land under the Land Reforms Act that had already vested in the State under land acquisition – Held: This act amounted to fraud and misrepresentation – Tribunal was justified in reopening and modifying surrender orders – High Court erred in interfering with...
Service Law – Departmental Proceedings – Unauthorized Absence – Respondent, a Coal India executive, remained absent for over six months without authorization – Admitted charges during disciplinary proceedings – Enquiry held validly under Rule 29 of Conduct Rules – Respondent removed from service after issuance of second show-cause notice – High Court set a...