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) ...
Civil Procedure – Pleadings and Alternative Relief – Plaintiff filed suit for ejectment based on tenancy – Trial Court found tenancy established but limited rent to Rs. 300 per month – High Court found no tenancy but held defendant a licensee and confirmed ejectment – Held: Even if specific plea of licence not taken, court can grant relief if matter was in issue, evid...
Service Law – Departmental Proceedings – Smuggling Allegation – Delay in Initiation – Respondent, an Intelligence Bureau officer, was dismissed from service on grounds of unauthorized border visit and alleged complicity in smuggling activities – Customs proceedings dropped charges and criminal court acquitted him of conspiracy and other offences – Department ini...
Service Law – Educational Qualification – Validity of Appointment – Appellant appointed as Assistant Teacher in 1988 on basis of B.Ed. degree from Maithili Vishwa Vidyapeeth, not recognized under UGC Act – Institution later directed appellant to acquire valid B.Ed. from recognized university, which he did after appointment – Held: Essential qualification must be posse...
Motor Accident Claim – Compensation – Liability of Insurer – Driver of the tractor admitted he never held a driving licence – Motor Accident Claims Tribunal dismissed claim, holding insurer not liable due to breach of policy condition – High Court affirmed non-liability of insurer but awarded compensation against driver and owner – Held: Insurance company cannot...
Mines and Minerals – Scope of Coal Bearing Areas Act – Applicability to Worked or Dormant Mines – Notification under Section 4 – Whether Limited to Virgin Land – Held: Act applies not only to virgin land but also to dormant collieries and previously worked mines not actively operated at the time of notification – Notification under Section 4 is not ultra vires m...
Constitutional Law – Article 14 – Equality before Law – Discretion under Section 19 of Slum Areas Act – Challenge on ground of unguided and arbitrary power – Held: Though Section 19(3) does not expressly lay down guidelines, its operation is controlled by the object and purpose of the Act as reflected in the Preamble and operative provisions – Sufficient legisla...
Motor Accident Claim – Minor Claimant – Contributory Negligence – Driving Without Licence – Tribunal reduced compensation from ₹30,000 to ₹12,000 on ground that appellant (aged 17½ years) was not holding a driving licence and thus guilty of contributory negligence – High Court upheld the decision – Held: Mere absence of licence does not automatically ...