Tenancy Law - Rent Control – Review Petition – Sections 13 and 13(2)(i) of Punjab and Haryana Rent Acts – Scope of Rent Controller’s duty – Review dismissed – The review petitioner contended that earlier decisions (Rubber House and Rajinder Kumar Joshi) were not noticed in Rakesh Wadhawan and that the law therein was incorrectly laid down – Held: Though no...
Panchayat Election – Disqualification for Having More than Two Children – Sections 175(1)(q) and 177(1), Haryana Panchayati Raj Act – Constitutional Validity Upheld – Challenge raised on grounds of arbitrariness, violation of personal liberty under Article 21, and religious freedom under Article 25 – Held: Right to contest elections is not a fundamental right – ...
Civil Writ - SARFAESI – Classification of MSME Account as NPA – RBI Guidelines – Petitioners, an MSME unit, challenged classification of loan as NPA without following RBI circulars dated 29.05.2015, 21.07.2016 and 17.03.2016 – Alleged denial of mandatory restructuring process under RBI framework – Held: No evidence that petitioners raised the issue of MSME protection ...
Banking Law - SARFAESI – Possession of Secured Asset – Tahsildar’s Competence – ARC filed writ petition challenging Ext. P10 order passed by the Tahsildar on the complaint that property unconnected with loan transaction was taken possession of under SARFAESI proceedings – Held: Tahsildar has no authority to interfere in matters already adjudicated by the Chief Judicia...
Service Law – Adverse Remarks in ACR – Judicial Review – Appellant, a police officer, challenged adverse remarks in his ACR for 2019–2020 describing him as “Not Reliable” and “Doubtful Honesty” – Trial court decreed suit for expungement, but first appellate court reversed decree – High Court upheld appellate judgment – Held: Adverse...
Land Acquisition – Challenge to Notification after Delay – Section 4, Section 17, Section 18 of the Land Acquisition Act, 1894 – Writ Petition Dismissed – Respondents filed a writ petition challenging acquisition 22 years after notification under Section 4 read with Section 17, despite having earlier sought enhancement of compensation under Section 18 – High Court all...
Service Law – Promotion – Clause 3(a) Army Order – FIR Does Not Constitute Prosecution – Promotion Withheld Illegally – Petitioner promoted as JCO via order dated 25.05.2022 – Promotion not implemented citing pending FIR and Clause 3(a) of Army Order – Held: Mere registration of FIR without charge-sheet or cognizance by court does not amount to prosecution...
Taxation Law - Freedom of Trade and Entry Tax – Constitutional Validity of Haryana Local Area Development Tax Act, 2000 – Article 301 and 304 – Reference to Constitution Bench – Appellants, industrial units in Haryana, challenged levy of entry tax under the Act as violative of Article 301, contending it imposed restriction on inter-state trade and was not protected under Ar...
Land Acquisition – Determination of Compensation – Reliance on Earlier Awards – Sections 4, 6, 18 of the Land Acquisition Act, 1894 – Compensation Fixed – Lands acquired in Gurgaon pursuant to 1990 Notification – Reference Court awarded Rs. 265 per sq. yard – High Court reduced to Rs. 212 per sq. yard relying on earlier awards in Standard Rubbers and Gunga...
Temporary Injunction – Order 39 Rules 1 & 2 CPC – Trespasser vs. True Owner – Refusal of relief – Plaintiff sought injunction on basis of alleged long possession over Survey No.643; no sale deed or lawful title produced; Khasra entry of 1990–91 held baseless—Held: Injunction cannot be granted to protect unlawful possession against true owner; concurrent find...