Arbitration – Award by Umpire – Challenge on Grounds of Bias – Not Raised in Earlier Proceedings – Not Permitted – Appellant failed to raise any objection regarding alleged bias of the Umpire at any stage before the trial court, during remittal, or in High Court proceedings – Such objection raised for the first time in appeal before Supreme Court – Held: A...
Civil Law – Fraud on Court – Auction Sale Set Aside on Basis of Collusive Decree – Judgment Allowed – The appellant, an auction purchaser, challenged the setting aside of a confirmed sale on the basis of a partition decree obtained by fraud – The High Court had dismissed the appellant’s intervention on procedural grounds and refused to review its earlier order p...
Writ Petition – Alleged Coercion in Withdrawal – Restoration Allowed – Judgement in Favour of Justice – The appellant, a member of a Scheduled Caste, challenged the validity of mining lease rules and entitlement of private parties – During pendency, writ petition was withdrawn allegedly under coercion, followed by a restoration plea supported by a detailed affidavit &...
Civil Revision – Scope Post CPC Amendment – Section 115 CPC – Revisional Jurisdiction Curtailed – The 1999 amendment to Section 115 CPC removed the High Court's power to entertain revisions against interlocutory orders unless they result in final disposal of the suit – Held: The amendment curtails statutory revision but does not affect constitutional remedies unde...
Removal from Municipal Office – Abuse of Power – Interpretation of Section 22 of Punjab Municipal Act – Order Quashed – The appellant, elected President of Rajpura Municipal Council, was removed from office by State Government under Section 22 of the Punjab Municipal Act, 1911, on the allegation that he obstructed functioning of the Council by withholding payment for a fogg...
Interim Injunction – Suit for Specific Performance – Material Misstatement – Injunction Set Aside – The plaintiff/respondent filed a suit seeking specific performance of a property sale agreement and obtained interim injunction restraining alienation of the property – Petitioner challenged the orders under Article 227, alleging misrepresentation in pleadings regarding...
Motor Accident Claim – Compensation – Quantum – Pain and Suffering – Modification of Award – Tribunal awarded ₹7,60,000 with 7% interest – Appellant (Insurance Co.) challenged the award as excessive and based on planted vehicle – Claimant filed cross-objection for enhancement – High Court held: ₹5,00,000 awarded for pain and suffering justified i...
Service Law – Public Employment – Merit-Based Selection – Appointment Denied Arbitrarily – Writ Allowed – Petitioner participated in counselling for post of Constable (General Duty) – Though he ranked higher in merit (sl.no. 1570), he was denied appointment on grounds of exhausting district-wise vacancies – Candidate ranked lower (sl.no. 1592) given appoin...
Municipal Law – Illegal Construction – Demolition – Respondent constructed marriage hall on sanctioned plan – Municipal Corporation issued demolition order alleging unauthorised construction without proper notice or hearing – Notices were vague, issued in name of deceased owner, and lacked property description – Despite pendency of civil suit and interim injunct...
Service Law – Police Misconduct – Removal from Service – Respondent, a Sub-Inspector, lost ₹17,314 and a service revolver with ammunition while disobeying specific instructions to travel with departmental convoy – Departmental inquiry held charges proved – Competent authority ordered removal – Appellate authority and Single Judge of High Court upheld penalty &...