Royalty Law - Statutory Obligation vs. Contractual Recovery – Set-Off – Non-Permissibility – Appeal Dismissed – Union of India’s attempt to recover contractual dues (royalty arrears) from statutory payments (stowing assistance) due to the Coal Company – Held impermissible in equity or under CPC – Appeal dismissed – No costs [Paras 1, 3, 6, 9, 10, 11,...
SARFAESI Act – Constitutional Validity – Sections 13, 15, 17, 34 – Upheld Except Section 17(2) – The Act was challenged as arbitrary and violative of Articles 14 and 21 – Held: All provisions valid except Section 17(2), which required 75% pre-deposit and was struck down as arbitrary, onerous and violative of Article 14 – The Act otherwise serves public interest ...
Service Law – Judicial Services Examination – Re-evaluation of Answer Book – No Right in Absence of Rule – Appellant failed in written exam of Bihar Judicial Services, 1999 – Secured 35 marks in General Science – Sought re-evaluation alleging he deserved higher marks – Commission permitted scrutiny but found no mistake – Single Judge directed re-eval...
Compassionate Appointment – Nature and Object – Articles 14 and 16 – Not a source of recruitment – Exception to the general rule of open competition to alleviate sudden financial crisis of the family due to death in harness – To be strictly governed by the applicable scheme/rules and financial condition of the family – High Court’s direction granting appoi...
Service Law – Promotion – Disability – Section 47(2) Disabilities Act – Respondent, a Railway employee, qualified in written test for promotion but declared medically unfit due to visual disability and denied appearance in viva voce – CAT directed reconsideration relying on Section 47 – High Court affirmed – Supreme Court held: Section 47(2) prohibits deni...
Tenancy Law - Delhi Rent Control Act – Section 15(7) – Striking off Defence – Judicial Discretion – Scope – Tenant directed under Section 15(1) to deposit arrears and future rent – Pleaded that rent was sent by cheques but led no evidence – Rent Controller struck off defence – Tribunal modified order granting indulgence on deposit with penalty &ndash...
Civil Writ - PIL - Urban Traffic & Parking – Judicial Directions – Calibration by Supreme Court – Parking charges and one-way systems – High Court’s directions modified – Chandigarh Administration to fix quantum of parking charges considering relevant factors – One-way traffic to be introduced where needed; relaxation only with recorded special reasons...
SYL Canal Decree – Article 131 suit to discharge/modify decree – Order 23 Rule 6 (SC Rules) – Res judicata – Execution under Article 142 – Applications allowed; Punjab’s suit rejected – Haryana’s I.A. for enforcement allowed; directions issued to Union of India to implement decree – No change of circumstances; decree not a “continuing&rdq...
Taxation Law - Promissory Estoppel – State representation to abolish purchase tax on milk – Punjab General Sales Tax Act, 1948 – Enforceability despite absence of notification – Held: Binding on the State – Highest executive authorities including Chief Minister and Finance Minister publicly announced abolition; circulars issued by Excise Commissioner directed field of...
Land Acquisition – Invocation of Urgency Clause – Sections 17(1) and 17(4) of the Land Acquisition Act – Notification Quashed – The appeals arose from a composite notification dated 06/03/1987 issued under Sections 4 and 17 for acquiring 14 requisitioned properties – Respondents challenged the acquisition citing lack of urgency and denial of objection rights – H...