Land Reforms – Fraudulent Surrender of Acquired Land – Tribunal Entitled to Reopen – Respondent surrendered land under the Land Reforms Act that had already vested in the State under land acquisition – Held: This act amounted to fraud and misrepresentation – Tribunal was justified in reopening and modifying surrender orders – High Court erred in interfering with...
Service Law – Departmental Proceedings – Unauthorized Absence – Respondent, a Coal India executive, remained absent for over six months without authorization – Admitted charges during disciplinary proceedings – Enquiry held validly under Rule 29 of Conduct Rules – Respondent removed from service after issuance of second show-cause notice – High Court set a...
Technical Education – Bridge Course – AICTE Policy – Institute affiliated to State Board converted its four-year Post Diploma course (with 10+1 entry) into a four-year Advance Diploma course (with 10+2 entry) – Later upgraded to five-year B.Tech degree – Institute sought permission for one-year bridge course for diploma holders to obtain B.Tech – AICTE rejected ...
Service Law – Promotion – Disability – Section 47(2) of Persons with Disabilities Act – Colour Perception – Medical Standards – Denial of Promotion Not Discriminatory – Respondent, an employee in the Research Designs and Standards Organisation (RDSO), was denied promotion to the post of Chief Research Assistant for not possessing B1 medical fitness, which ...
Service Law – Deputation – Absorption – Advance Increment – Deputationists from State Government absorbed into FCI challenged denial of one advance increment granted to similarly placed Central Government employees – High Court allowed the claim – Supreme Court upheld High Court’s view – Held: Once absorbed, both Central and State deputationists were...
Service Law - Departmental Action – Removal from Service – Section 11(1) CRPF Act, 1949 and Rule 27 CRPF Rules, 1955 – Validity of Punishment – The respondent, a CRPF constable, overstayed sanctioned leave by 315 days without justification – He was removed from service after departmental enquiry – The High Court held that removal was without jurisdiction as Sect...
Service Law - Absorption And Regularisation - Statutory Canteen – Status of Employees – Section 46, Factories Act, 1948 – Absorption Denied – Canteen workers employed through contractor in refinery canteen claimed absorption as IOC employees – Single Judge allowed claim holding canteen is statutory and workers are employees of management – Division Bench reverse...
Land Acquisition – Determination of Market Value – High Court Judgment Set Aside – High Court relied solely on DDA brochure and government circulars for fixing market value of acquired land while ignoring relevant sale deeds and judicial precedents – Held: Sale deeds, particularly relating to similar and adjacent lands, constitute best evidence for market value and cannot b...
Petroleum Dealership – Eligibility Criteria – Literal Interpretation Prevails – High Court disqualified appellant on ground that her father-in-law already held dealership, though such relationship was not included in disqualifying clause – Supreme Court held that eligibility conditions must be interpreted strictly – Held: Courts cannot expand or amend clear terms by i...
Criminal Law - Mass Murder – Conviction under Section 302 IPC – Death Sentence Upheld – Appellant convicted for murdering 13 close family members including children, along with co-accused Lakha Singh – Motive traced to alleged illicit relationship between appellant’s wife and co-accused – Trial court awarded death sentence – High Court confirmed the same b...