Civil Revision – Scope Post CPC Amendment – Section 115 CPC – Revisional Jurisdiction Curtailed – The 1999 amendment to Section 115 CPC removed the High Court's power to entertain revisions against interlocutory orders unless they result in final disposal of the suit – Held: The amendment curtails statutory revision but does not affect constitutional remedies unde...
Removal from Municipal Office – Abuse of Power – Interpretation of Section 22 of Punjab Municipal Act – Order Quashed – The appellant, elected President of Rajpura Municipal Council, was removed from office by State Government under Section 22 of the Punjab Municipal Act, 1911, on the allegation that he obstructed functioning of the Council by withholding payment for a fogg...
Constitutional Validity - Excise Regulation – Medicinal Preparations Containing Alcohol – State Competence Upheld – Notifications issued by the State of Rajasthan declaring medicinal and toilet preparations containing more than 20% proof alcohol as “liquor” challenged on grounds of legislative incompetence and violation of Article 19(1)(g) – Rajasthan High Court...
Liquor Trade – Constitutional Validity Of “Import Fee” - Exclusive Privilege – Res Extra Commercium – Article 301 Inapplicable – State Monopoly Upheld – Liquor is res extra commercium and no fundamental right to trade in it – State has absolute privilege to regulate, prohibit or permit trade – Import fee imposed as part of exclusive privilege i...
Service Law – Public Employment – Merit-Based Selection – Appointment Denied Arbitrarily – Writ Allowed – Petitioner participated in counselling for post of Constable (General Duty) – Though he ranked higher in merit (sl.no. 1570), he was denied appointment on grounds of exhausting district-wise vacancies – Candidate ranked lower (sl.no. 1592) given appoin...
Interim Injunction – Suit for Specific Performance – Material Misstatement – Injunction Set Aside – The plaintiff/respondent filed a suit seeking specific performance of a property sale agreement and obtained interim injunction restraining alienation of the property – Petitioner challenged the orders under Article 227, alleging misrepresentation in pleadings regarding...
Motor Accident Claim – Compensation – Quantum – Pain and Suffering – Modification of Award – Tribunal awarded ₹7,60,000 with 7% interest – Appellant (Insurance Co.) challenged the award as excessive and based on planted vehicle – Claimant filed cross-objection for enhancement – High Court held: ₹5,00,000 awarded for pain and suffering justified i...
Education Law – Eligibility Criteria – University Teaching Posts – Post of Reader – Whether M.A. and Ph.D. in Political Science qualifies for Reader in Public Administration – High Court quashed appointment on the ground that Political Science and Public Administration are distinct disciplines – Held: UGC and University considered the subjects interrelated and i...
Municipal Law – Illegal Construction – Demolition – Respondent constructed marriage hall on sanctioned plan – Municipal Corporation issued demolition order alleging unauthorised construction without proper notice or hearing – Notices were vague, issued in name of deceased owner, and lacked property description – Despite pendency of civil suit and interim injunct...
Service Law – Police Misconduct – Removal from Service – Respondent, a Sub-Inspector, lost ₹17,314 and a service revolver with ammunition while disobeying specific instructions to travel with departmental convoy – Departmental inquiry held charges proved – Competent authority ordered removal – Appellate authority and Single Judge of High Court upheld penalty &...