Service Law – Recruitment Policy – Discriminatory Application – State initially followed batchwise recruitment of Pharmacists under 1980 Rules prioritising diploma-holders from earlier years – Respondents were denied appointment under that system – Later, the State adopted merit-based selection under 2003 Rules, again excluding those previously denied – Held: St...
Contempt of Court – Civil Contempt – Suo Motu Proceedings – Appellant, a judicial officer, was not serving in the High Court when interim order dated 22.03.2001 was passed – Suo motu contempt initiated in 2006 based on assumption that appellant deliberately obstructed implementation of that order – Held: No wilful disobedience proved – Contempt proceedings based...
Transfer of Property – Sale During Pendency of Partition Suit – Doctrine of Lis Pendens – Appellant purchased property from second Respondent during pendency of a partition suit filed by first Respondent – Trial court, appellate court, and High Court rejected suit in entirety citing Section 52 of Transfer of Property Act – Held: Sale not void but subject to decree in ...
Motor Accident Claim – Compensation for Permanent Disability – Functional vs. Medical Disability – Appellant sustained fractures and was issued disability certificate of 45% for left lower limb – Tribunal equated limb disability with whole-body functional disability, assessing 45% loss of earning capacity – Held: Tribunal erred in mechanically applying limb disability...
Family Law – Divorce – Cruelty and Desertion – Appellant-husband sought divorce alleging desertion and cruelty – Trial Court granted divorce – High Court reversed, holding husband failed to plead or prove specific instances of cruelty or animus deserendi – Held: High Court rightly found no concrete evidence or specific pleadings supporting claims – Evidenc...
Service Law – University Employees – Promotion Criteria – Resolution of Executive Council dated 26.06.1995 prescribed seniority-cum-efficiency as basis for promotion of non-teaching staff – State Government granted approval only on 10.10.2002 – Held: Section 21(xiii) of Burdwan University Act requires “approval” but not “prior approval” –...
Public Employment – Judicial Service Recruitment – Viva Voce Weightage – Appellant challenged 200 marks prescribed for viva voce (interview) out of total 1050 marks for Bihar Judicial Services Exam – High Court dismissed petition on ground of estoppel after participation in process – Held: Prescription of 200 marks for viva voce (approx. 19%) not excessive or arbitrar...
Service Law – Compassionate Appointment – Change of Scheme – Respondent applied for compassionate appointment after death of father employed with SBI – During pendency of application, old scheme was abolished and new ex gratia scheme introduced with retrospective applicability to pending cases – Held: Appointment on compassionate grounds is not a vested right but a co...
Electricity Laws – Faulty Meter – Revised Electricity Bill – CT connection found to be defective by Board – Revised bill issued retrospectively without prior notice or opportunity of hearing – Clause 23 of Conditions of Supply required issuance of show cause notice – Held: Revised bill issued in violation of contractual and natural justice requirements – B...
Service Law – Correction of Date of Birth – Bar under Punjab Civil Service Rules – Respondent sought correction of date of birth in service records from 27.03.1936 to 27.03.1938 based on University’s post-service amendment in matriculation certificate – Application made twelve years after entering service – Rule required such request within two years of joining ...