Service Law – Voluntary Retirement – Withdrawal of Option – Statutory Scheme – Development Officers opted for Special Voluntary Retirement Package under a statutory scheme framed under Section 17A of the General Insurance Business (Nationalisation) Act – Respondents sought to withdraw option before written acceptance – High Court permitted withdrawal treating sc...
Reservation – Adjustment of Reserved Category Candidates in General Quota – Concessions vs. Merit – Appellants challenged selection of reserved category candidates adjusted in general category despite availing fee/age relaxation – Held: Relaxation in age and fee under Section 8 of the 1994 Act relates to eligibility and does not affect the selection standard – Reserve...
Industrial Law – Retrenchment – Section 25G ID Act – Rule of “last come, first go” – Violation established – Labour Court’s award of reinstatement with 50% back wages justified – High Court substituted compensation of Rs. 87,582/- on erroneous assumption of illegal appointment – Held: High Court exceeded jurisdiction under Articles 226/22...
Constitutional Law – Article 282 – Scope and Power to Grant – Public Purpose – Federal Structure – The Members of Parliament Local Area Development Scheme (MPLADS) challenged as ultra vires the Constitution – Contention that expenditure from Consolidated Fund without separate law violates Article 266(3) – Held: Appropriation Acts passed by Parliament const...
Administrative Law – Change of Land Use – Industrial to Residential – Validity of Government Refusal – PSIEC sought to convert surplus industrial land in Phases VIII-A and VIII-B, Mohali into residential plots under “Industrial Housing Scheme” – State Government, owner of the land, refused permission citing larger public interest and industrial policy &nda...
Evidence Act – Sections 35 & 114 – Public Documents – Probative Value – Entries in school registers, voter lists, and official certificates may be admissible under Section 35 but probative value must be assessed based on authenticity and source of information – Inconsistencies in age and birth records leading to absurd results (e.g., mother giving birth before her...
Scheduled Tribe Certificate – Jurisdiction of Sub-Divisional Officer – Act of 2000 – Petitioners challenged rejection of their applications for Scheduled Tribe certificates by SDO and Caste Scrutiny Committee – Held: Under Section 4 of the Maharashtra Caste Certificate Act, 2000, SDO is only empowered to issue caste certificates, not adjudicate their validity – Scruti...
Civil Law - Execution Proceedings – Stay Pending Application to Set Aside Ex-Parte Decree – Article 227 – Order 21 Rule 26 CPC – Executing Court’s refusal upheld – Court reiterated that ex-parte decree remains valid and enforceable until set aside – Application for stay must be made before the Court where proceedings under Order 9 Rule 13 are pending &ndas...
Service Law – Pension Recovery – Excess Payment – Recovery Barred – Petitioner, a widow, subjected to deduction of family pension for alleged excess payment between 2008 and 2019 – No fraud, misrepresentation, or connivance on her part; excess caused by systemic lapse – Held: Recovery from retired employees or widows impermissible as per Supreme Court ruling in ...
Income Tax – TDS Credit – Non-reflection in Form 26AS – Refund entitlement – Petitioner, a cooperative society exempt under Section 80P, sought refund of TDS deducted for A.Y. 2009–10 to 2015–16 – Department refused refund citing mismatch with Form 26AS – Held: Once assessee furnishes Form 16A evidencing deduction, Assessing Officer must verify and g...