Service Law - BSF – Termination on misconduct – Rule 20 BSF Rules – Scope of “as the case may be” – Both Central Government and Director General competent at the satisfaction stage – High Court erred in holding only Central Government could be “satisfied” under Rule 20(2) – Scheme: DG/CG, as the case may be, records satisfaction of inexpe...
Limitation Law – Applicability of Articles 58 vs. 113 – Suit for Refund – Declaration of Excess Freight by Tribunal – Special Leave Petition filed and dismissed by Supreme Court – Held: Limitation begins from final appellate order and not Tribunal’s order – Article 113 applies, not Article 58 – Time spent in bona fide writ proceedings and pendency be...
Royalty Law - Statutory Obligation vs. Contractual Recovery – Set-Off – Non-Permissibility – Appeal Dismissed – Union of India’s attempt to recover contractual dues (royalty arrears) from statutory payments (stowing assistance) due to the Coal Company – Held impermissible in equity or under CPC – Appeal dismissed – No costs [Paras 1, 3, 6, 9, 10, 11,...
SARFAESI Act – Constitutional Validity – Sections 13, 15, 17, 34 – Upheld Except Section 17(2) – The Act was challenged as arbitrary and violative of Articles 14 and 21 – Held: All provisions valid except Section 17(2), which required 75% pre-deposit and was struck down as arbitrary, onerous and violative of Article 14 – The Act otherwise serves public interest ...
Service Law – Judicial Services Examination – Re-evaluation of Answer Book – No Right in Absence of Rule – Appellant failed in written exam of Bihar Judicial Services, 1999 – Secured 35 marks in General Science – Sought re-evaluation alleging he deserved higher marks – Commission permitted scrutiny but found no mistake – Single Judge directed re-eval...
Compassionate Appointment – Nature and Object – Articles 14 and 16 – Not a source of recruitment – Exception to the general rule of open competition to alleviate sudden financial crisis of the family due to death in harness – To be strictly governed by the applicable scheme/rules and financial condition of the family – High Court’s direction granting appoi...
Service Law – Promotion – Disability – Section 47(2) Disabilities Act – Respondent, a Railway employee, qualified in written test for promotion but declared medically unfit due to visual disability and denied appearance in viva voce – CAT directed reconsideration relying on Section 47 – High Court affirmed – Supreme Court held: Section 47(2) prohibits deni...
Tenancy Law - Delhi Rent Control Act – Section 15(7) – Striking off Defence – Judicial Discretion – Scope – Tenant directed under Section 15(1) to deposit arrears and future rent – Pleaded that rent was sent by cheques but led no evidence – Rent Controller struck off defence – Tribunal modified order granting indulgence on deposit with penalty &ndash...
Medical Education – Post-Graduate Admissions – All-India Quota – Prospective Application of Judgment – Clarification Allowed – Following the Constitution Bench judgment in Saurabh Chaudhary (2003), which increased the All-India PG quota from 25% to 50%, applications were filed seeking clarity on its applicability to ongoing admissions – Held: The judgment shall ...
Judicial Service Law – Pay Revision – Assistant Registrars – Writ of Mandamus – Jurisdiction of Chief Justice of High Court – Scope of Article 229 of Constitution – Approval Requirement – Judicial Review
Mandamus – Issuance Against Union of India – High Court directed Union of India to revise pay scale of Assistant Registrars from Rs. 2000-3...