Service Law – Acquittal in Criminal Case – Reinstatement with Back Wages – Partial Relief Granted – Respondent, a government servant, was dismissed following conviction under Section 302/34 IPC—Upon acquittal by the High Court, he was reinstated with full back wages by writ court—Supreme Court held: Reinstatement proper, but award of back wages unjustified as em...
Village Common Land – Declaration Of Easementary Rights - Vesting under State Legislation – Easementary Rights Extinguished – Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974 – Held: All rights, title and interest including easementary rights of the village community stood extinguished and vested in the State – High Court erred ...
Toll Collection Contract – Interpretation of Memorandum – No Valid Extension – Clause 15 of the Memorandum dated 11.03.1998 issued by the Joint Secretary of PWD (Roads) Department merely proposed potential renewal subject to approval – Held: Such Memorandum had no binding legal effect as it was not communicated to the contractor nor sanctioned by the competent authority &nd...
Constitutional Law – Appointment of Minister – Article 164(4) – Reappointment Without Election Held Unconstitutional – Respondent was appointed Minister in Punjab while not being a member of the Legislature, resigned after six months without being elected, and was reappointed during the same Assembly term – Supreme Court held such reappointment violates the scheme of ...
Judicial Services - High Court – Administrative Powers – Article 235 – Rajasthan High Court Rules, 1952 – Acting Chief Justice constituting Two-Judge Committee to evolve criteria for grant of selection scale – Committee’s recommendations later approved by Full Court – Held: Constitution of Committee valid; once Full Court approved, decision became decision...
Service Law – Disability during service – Protection under Section 47 of the Persons with Disabilities Act, 1995 – Invalid removal set aside – Appellant, a Constable in Special Service Bureau, suffered amputation of left leg during service and was declared permanently incapacitated – Invalidated from service based on Medical Board’s opinion – Held: Section...
Civil Law - Partition Suit – Compromise Decree – Whether preliminary or final – Decree dated 13.02.1978 allotted properties by metes and bounds under compromise – Held: Though described as preliminary, the decree was in substance a final decree since no further inquiry remained – Engrossment on stamp paper on 24.05.1979 was only procedural – Legal effect related...
Service Law - Disability Pension – Attributability to military service – Regulation 53, Pension Regulations – Respondent, a Colonel in Army, retired on superannuation – Claimed disability pension for 60% disability (heart disease 40% and glaucoma 20%) – Medical Board held diseases constitutional, not attributable to or aggravated by military service – Held: Regu...
Customary Law – Suit for possession - Alienation by widow – Validity – Basanti inherited life estate in ancestral property of husband – Gift of property in 1935 held void as widow had no power of alienation under custom – Plaintiff Surtu (daughter) entitled to succeed entire estate after Basanti’s death in 1968 – Defendants, as collaterals, had no right of...
Service Law – Disciplinary proceedings – Unauthorised absence – Constable dismissed after repeated absence without intimation – Contention that subsequent order treating absence as “leave without pay” condoned misconduct – Held: No condonation – Regularisation after dismissal made only for maintaining service record – Does not invalidate dismis...