Disability Pension – Schizophrenia – Pension Regulations, 1961 – Regulation 173 and Appendix II – Medical Board opined illness not attributable to military service – Held: High Court erred in granting pension merely because no disease was recorded at time of enrolment – Clause 7(c) requires proof that conditions of military service determined or contributed to t...
Public Trusts – Shri Rikhabdevji Temple – Applicability of Rajasthan Public Trusts Act, 1959 – Once notification under Section 52 is issued, Section 53 becomes mandatory – Held: State Government is under statutory duty to constitute a Committee of Management; discretion does not exist – Use of "shall" in Section 53 is imperative, creating a power coupled wit...
Maintainability – Writ Petition under Article 32 – Not a Review or Curative Petition – Petitioners challenged ratio decidendi of Subhash Chandra Dixit case, not its final order – Held: A petition under Article 32 is maintainable to seek reconsideration of earlier ratio if violation of fundamental rights is alleged – Bar under Rupa Ashok Hurra inapplicable [Paras 8-10]...
Pre-emption Suit – Non-impleadment of Necessary Party – Decree set aside – Section 21 of Punjab Pre-emption Act – Article 300A of Constitution – Property rights violated - A decree of pre-emption was passed without impleading the appellant who had purchased the property through a registered sale deed and was in possession – Held: Appellant was a necessary party ...
Arbitration – Section 11(6), Arbitration and Conciliation Act, 1996 – Existence of Live Dispute – Appointment of Arbitrator Upheld – Dispute regarding transfer of 1.20 lakh sq.ft. FSI under Joint Development Agreement (1994) alleged to have been settled by subsequent MoU (2005) – Respondent repudiated MoU and invoked arbitration – Held: Issue regarding additiona...
Labour Law – Termination without complying with Section 25F – Reinstatement with back wages not automatic – Relief modified – Respondent, a daily wage worker employed at Madhya Pradesh Bhawan, was terminated without following Section 25F – Industrial Tribunal awarded compensation; however, High Court directed reinstatement with full back wages – Held: In light o...
Panchayat Administration – District Development Officer v. President – Administrative Powers Clarified – Sections 83 & 162 of Gujarat Panchayats Act – High Court correctly held that while elected Panchayat officials play a key role in policy-making, executive authority in service matters lies with the District Development Officer (DDO) – Held: DDO is not subordina...
PIL - Section 158(6), Motor Vehicles Act – Mandatory compliance by police – Directions issued to ensure prompt forwarding of accident reports to Claims Tribunals and insurers.
Motor Accident Claims – Compliance with Section 158(6) MV Act – Mandatory Reporting by Police – Non-compliance addressed – Section 158(6) imposes a statutory duty on the police to repor...
Judicial Service – Departmental Proceedings – Natural Justice – Bias – Appellant, a Judicial Officer, was dismissed from service on recommendation of the Disciplinary Committee of the High Court of Gujarat based on inquiry findings – Same judge who was a member of that Disciplinary Committee also later sat on the bench hearing the appellant’s writ petition chall...
Arbitration – Default in Appointment of Arbitrator – Section 11(6) of Arbitration Act – Power of Court to Appoint – Respondent issued notices under Section 11 seeking appointment of arbitrator; Appellant failed to appoint within 30 days – Respondent filed petition under Section 11(6) before Delhi High Court – Appointment of arbitrator by appellant after filing o...