Civil Procedure – Maintainability of Suit – Notice under Section 80 CPC and Section 401 M.P. Municipal Corporation Act – Suit for declaration and injunction against Municipal Corporation held not maintainable in absence of mandatory statutory notice – Trial Court rightly dismissed suit on this ground – High Court erred in overlooking statutory bar [Paras 7, 10(b), 30-...
PIL - Motor Vehicles – High Security Registration Plates (HSRP) – Enforcement of Statutory Scheme – States directed to take final decision within six months – Petitioner sought implementation of Supreme Court's earlier judgment in Association of Registration Plates v. Union of India regarding mandatory use of High Security Registration Plates (HSRP) under Rule 50 of CMV...
Service Law – Notional Promotion – Claim to Ante-dated Promotion – Promotion must be from date of actual appointment and not from date of vacancy – Appellant promoted as General Manager on 29.11.1996 – Claimed notional promotion w.e.f. 13.3.1996 with consequential benefits and seniority over private respondents – Tribunal rejected claim – High Court grante...
Service Law – Pension – Defence Forces – Major Generals Retired Pre-1.1.1996 – Entitlement to Pension Parity – Held: Arbitrary Classification Violates Article 14 – Pension of pre-1996 Major Generals to be refixed notionally at same level as post-1996 counterparts – Differential treatment between officers of same rank struck down – Cut-off date held u...
Environmental Law – Aravalli Hills – Punjab Land Preservation Act, 1900 – Land Notified under Sections 4 & 5 – Treated as Forest – Any non-forest use requires approval under Forest (Conservation) Act, 1980 – Applicants’ plea of exemption for constructions rejected – Court held that once land is notified and treated in government records as forest...
Military Law – General Court Martial – Validity of Convening Authority – Section 109 of the Army Act – Appellant challenged jurisdiction of GCM alleging it was not convened by competent authority – Held: Warrant issued by Chief of Army Staff empowering field officers to convene GCM was valid – Convening order issued by Major General commanding 16 Corps was lawfu...
Customs – Duty Drawback – DEPB Scheme – Re-export of Defective Goods – Refund Mechanism – Appellant imported watch parts, paid duty via DEPB debit – Upon finding parts defective, re-exported the same and claimed duty drawback under Section 74 – Department rejected claim on ground that duty was not paid in cash – Held: Once goods are re-exported, asse...
Advocates – Professional Misconduct – Practising During Suspension – Respondent-advocate suspended for 3 years for earlier misconduct – Continued to practise under the alias “P.S. Madan” during suspension period and appeared in multiple cases – Held: Such conduct is a grave violation of the Bar Council's orders and amounts to clear professional miscond...
Service Law – Departmental Proceedings – Quasi-Judicial Nature – Procedural Fairness – Railway employee found guilty in a disciplinary inquiry for overcharging ₹5 from a decoy passenger during a pre-arranged trap – Tribunal set aside punishment on grounds of violation of Rule 9(21) and non-compliance with Vigilance Manual (Paras 704 and 705) – High Court rever...
Freedom Fighters’ Pension – Date of Commencement – Benefit of Doubt – Respondent applied for pension in 1981 under the Freedom Fighters’ Pension Scheme – Application was rejected in 1993 but later allowed by the High Court – Pension was granted from 4.8.1993 (date of High Court order) – Respondent claimed pension from 28.7.1981 (date of application) ...