Land Acquisition – Section 28A Redetermination vis-à-vis Final Appellate Award – Appeals Allowed – Notifications under Section 4(1) read with Section 17(1); compensation enhanced by Reference Court under Section 18; while SLPs were pending, Collector redetermined compensation under Section 28A for non-reference holders – Held: “Compensation payable” under...
Civil Law – Cooperative Society – Dispute regarding Variable Dearness Allowance (VDA) – Suit filed by Workers Union claiming entitlement to VDA on basic wages plus fixed allowance as per para 317(ii) of Third Wage Board Report – Trial Court decreed suit in favour of Union – Held that withdrawal of VDA required opportunity of hearing and clarification from Wage Board &...
Service Law – Voluntary Retirement – Disciplinary Proceedings Dropped – Retiral Benefits Directed – Rule 592, Punjab CSR – Appeals Dismissed – Respondent sought voluntary retirement citing ill health during pendency of disciplinary proceedings – Department dropped the proceedings and, following assurance to the High Court, accepted voluntary retirement w.e...
Civil Law - Caste Status - Scheduled Tribe Status – Offspring of Tribal Mother & Non-Tribal Father – Constitutional Scheme (Arts. 341, 342, 15(4), 16(4)) – ST Certificate Quashed – Appellant born to ST mother (Oraon) and forward-class father (Kayastha) claimed ST status based on a certificate and alleged community acceptance – Held: ST status is not acquired by me...
Departmental Inquiry – Disagreement with Enquiry Officer – Natural Justice – Rule 3(1), Rule 18(3) CCS (Conduct) Rules – Remand Ordered – Inspector (Central Excise) was exonerated by Enquiry Officer; Disciplinary Authority recorded tentative disagreement and sought reply but passed removal order without considering the employee’s representation filed before comm...
Civil Writ - Urban Misuse – Breach of Undertakings – Enforcement of Rule of Law – Commercial Misuse Ordered to Stop – The Court considered applications by traders who had given undertakings to cease commercial use of residential premises but failed to comply – Held: No modification of earlier orders permitted, and misuse must stop immediately – Rule of law must ...
PIL/Environmental Governance – Interlocutory applications challenging/linked to notifications – Infructuous upon issuance of final notification – Liberty reserved – I.A. No. 1874 (in WP 4677/1985) and I.A. No. 3 (in WP 98/2000) dismissed as infructuous with liberty to file substantive petitions against final notification; connected Writ Petition (C) No. 98/2000 also dismiss...
Succession – Inheritance Rights of Daughters from First Marriage – Plaintiff claimed title to deceased father's estate as daughter of first wife – Mutation dated 17.05.1954 recorded in favour of children from second wife excluding plaintiffs – Trial Court and First Appellate Court dismissed suit citing lack of proof and limitation – Held: Plaintiffs successfully p...
Religious Trust Dispute – Change of Trustees – Jurisdiction of Charity Commissioner – Civil Court Jurisdiction Barred – Judgments Set Aside – The appeal arose from the High Court’s decision upholding approval of a change notice appointing new trustees to the Church of Brethren General Board (India) Trust without proper inquiry – The Supreme Court held that...
Seniority—Clarification—Article 309—1966 Recruitment Rules vs. Para 206 P&T Manual—Final Judgments Protected – Application for clarification by promotee engineers after conflicting rulings on TES Class-II seniority—Held: While Union of India v. Madras Telephones SC/ST S.W. Assn., (1997) 10 SCC 226 lays down correct law that statutory 1966 Rules supersede par...