Civil Law – Local Commissioner – Order XXVI Rule 9 CPC – Improper Rejection – Appointment Directed – Trial court dismissed plaintiff's application seeking appointment of Technical Engineer as Local Commissioner to demarcate disputed wall and report physical condition – Held: Though appointment of Commissioner is discretionary, such discretion must advance ca...
Civil Writ - Medical Education – Bonded Service – Higher Studies – Government Resolution 2017 – Petitioner signed post-PG bond requiring two years’ service – Clause 1(e) expressly allows bond to pause if candidate gets higher studies opportunity and resume post-study – Held: Subsequent Resolutions of 2021/2024 restricting NOC to NMC-approved courses not ap...
Eviction – Bona fide Requirement – Section 14(3), HP Urban Rent Control Act – Landlord entitled to choose premises suited to his condition – Subsequent availability of other flats did not defeat requirement – Eviction decree restored [Paras 14-18, 22-24].
Landlord’s Bona Fide Need – Petition filed in 2013 on ground of retirement and absence of accommoda...
Service Law – Disciplinary Punishment – By-Laws 17 & 18 – Misplacement of File – Dismissal Substituted with Lesser Penalty – Appellant, a Senior Assistant with 20 years’ unblemished service, dismissed for misplacement of one file without allegation of motive or collateral gain – Court upheld misconduct finding but held dismissal shockingly disproportio...
Freedom Fighters’ Pension – Date from which payable – Appeals Allowed in Part – High Court granted pension from date of application relying on Mukundlal Bhandari – Supreme Court held that under the M.P. Rules, 1972, in view of Rule 3(6) (inserted with effect from commencement of the Rules), pension is payable from the date of sanction order – Mukundlal Bhandari ...
Taxation Law - Telecommunication Rentals – U.P. Trade Tax – DoT as Dealer – Appeals Allowed – DoT challenged assessment of trade tax on telephone rentals contending it was providing a service and not transferring right to use goods – High Court accepted that view – Supreme Court held: DoT is a “dealer” within Section 2(c)(iv) & (viii), U.P. Trade...
Service law — disciplinary proceedings — Natural justice – Disagreement by Disciplinary Authority – Appeal dismissed – Manager, Grade-I of SBI dismissed after DA disagreed with “partly proved” findings and treated them “fully proved” without giving the delinquent an opportunity to represent – High Court set aside dismissal following Punja...
Constitutional Law & Consumer Protection – Challenge to vires of the Consumer Protection Act, 1986 – Parliament’s competence – Articles 246, List III Entry 11A, Articles 323A/323B – WPs/Appeals disposed – Full Bench upholds constitutionality of the Act; C.A. Nos. 4613–4614/1999 and W.P.(C) Nos. 417/1996 & 12/2000 dismissed; State’s appeal (C....
Land Acquisition – Reference under Section 30 – State Not a ‘Person Interested’ – Reference Incompetent – The appellant’s land was acquired under the Land Acquisition Act, and compensation was awarded to her – The State subsequently claimed ownership of the land by virtue of land vesting under the Bihar Land Reforms Act and sought a reference under S...
Taxation Law - Excise Classification – Banphool Oil – Classification Dispute – Ayurvedic Medicament Confirmed – The issue was whether Banphool Oil should be classified as “perfumed hair oil” under Tariff Item 3305.10 or as an “Ayurvedic Medicament” under Tariff Item 3003.30 – Tribunal’s majority classified the product as Ayurvedic –...