Writ Petition – Ban on Slaughter of Animals – Policy Matter – Petitioners sought total ban on slaughter of cows, buffaloes, horses and chameleons citing religious and constitutional grounds under Article 48 – Held: Such matters fall within the domain of legislative and executive policy – Court cannot direct the government to enact a specific law or impose a total ban ...
Labour Law - Bus conductor’s Dismissal - Departmental Enquiry – Challenge limited to findings/quantum – Consequence – Workman did not dispute legality or fairness of enquiry – Held: Labour Court could not re-open factual findings or dilute punishment on “misplaced sympathy”; interference with guilt finding and penalty was impermissible [Paras 7, 10].
Mi...
Recruitment – Cut-off marks – Judicial review – High Court cannot direct lowering of cut-offs – Employer/Expert body has prerogative to fix rational, category-wise cut-offs; courts will not intermeddle absent arbitrariness – Held: Cut-offs @ General 71, OBC 56, SC/ST 20 were rational; direction to lower cut-offs set aside [Paras 10-11].
Reserved vacancies – F...
Criminal Law – Murder - Conviction for lesser/different offence – Sections 222 & 464 CrPC – Validity of convicting under Section 306 IPC when charged under Section 302 IPC – The High Court altered conviction to Section 306 though the charge was under Section 302 – Held: Permissible under Sections 222(2) and 464 CrPC where facts proved reduce the offence to a &ldqu...
Entertainment Tax – Discrimination Based on Language – Article 14 Violation – Andhra Pradesh levied 24% entertainment tax on Hindi films while levying only 10% on Telugu films – Held: Classification based solely on language is arbitrary – No reasonable nexus with object of taxation – Violates Article 14 of the Constitution – Impugned notification struck do...
Service Law - Promotion – Sealed Cover Procedure – Departmental Proceedings Initiated After DPC – Not Permissible – Respondent recommended for promotion by DPC – Sealed cover procedure adopted on the ground that vigilance case was pending – However, charge sheet was issued only after recommendation – Held: Sealed cover procedure invalid as per Para 6 of ci...
Judicial Discipline – Adverse Remarks Against Subordinate Judiciary – High Court, while remanding a civil case, made disparaging observations describing the trial judge’s approach as “hasty, slipshod and perfunctory” and directed that a copy of the order be placed in his service record – Held: Remarks unwarranted and contrary to principles of judicial restraint ...
Public Employment – Eligibility/Cut-off Date – Qualifications must exist by last date for applications – Appointment illegal where candidate did not possess M.D. on cut-off date – Applying Ashok Kumar Sharma (review) line of authorities – In absence of a date in rules/advertisement, last date for filing applications governs eligibility – Appellant acquired M.D. ...
Land Acquisition – Sections 4, 6 and 11A of the Land Acquisition Act, 1894 – Planned Development and Airport Expansion – Rehabilitation Claims – Limitation for Award – The Court considered four connected matters arising from Delhi High Court decisions dismissing challenges to acquisition of land at Mahipalpur and Nangal Dewat for planned development of Delhi and for e...
Service Law – Pension – Counting of Work-Charged Service – Employee initially appointed in work-charge capacity and later regularized—Denied benefit of work-charged period for pensionary computation—Circulars dated 6.8.1993 and 9.8.1994 allowed counting of such service subject to option and refund of EPF contribution—Respondent claimed lack of notice and sought ...