Ceiling on Land Holdings – Proceedings under Section 10(2) and Section 29 – Cut-off Date – Land acquired through consolidation by adverse possession – Order of Consolidation Officer attaining finality – Relevant date for determination of surplus land is the date of acquisition under Section 29 and not 08.06.1973 – Determination of surplus land by applying wrong ...
Constitutional Law – Right to Education – Article 21A, Constitution of India, 1950 – Affirmed – The right to education is a fundamental human right and a 'multiplier right' that enables the exercise of other human rights – it forms an integral part of the broader framework of the right to life and human dignity, which cannot be fully realized without meaningfu...
Public Tender – Blacklisting / Debarment – Perpetual Disqualification – Constitutional Validity – Tender condition stipulated that bidder “must not have been ever blacklisted or debarred” by any authority and that revocation of blacklisting is not permissible – Clause operated as a permanent embargo irrespective of duration or revocation of earlier blackli...
Civil Law – Review – Scope and limits – Order XLVII Rule 1 CPC – Review sought against dismissal of application for condonation of delay – Held: Review jurisdiction is confined to correction of error apparent on face of record – Reappreciation of facts or rehearing on merits impermissible [Paras 6, 25].
Limitation – Condonation of Delay – Nearly s...
Income Tax – Reassessment – Search Cases – Applicability of Old Regime – Search conducted on 09.05.2024 falling between 01.04.2021 and 01.09.2024 – By virtue of Section 152(3), provisions of Sections 147 to 151 as they stood prior to Finance (No.2) Act, 2024 applicable – Reassessment notice issued under Section 148 governed by old regime [Paras 5, 7].
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Patent Law – Inventive Step – Section 2(1)(ja) Patents Act – Obviousness – Divisional Application – Appellant challenged refusal of patent for fiber reinforced thermoplastic composition of uPVC and ABS with wetted continuous fibers – Controller held claims obvious in light of prior art D1–D7 – Held, prior arts disclosed similar extrusion processes, u...
Service Law - Disciplinary Proceedings – Minor Penalty – Scope of Judicial Interference – Lecturer subjected to disciplinary action for manipulation of attendance register, insubordination and unauthorised leave – Enquiry conducted and punishment of withholding two increments with cumulative effect imposed – Appeal dismissed by University Appellate Tribunal – Re...
Tenancy Law – Surplus Land – Vesting in State – Proof of Tenancy – Plaintiff claimed tenancy through father under original landowners for over 30 years – Land declared surplus under Punjab Security of Land Tenures Act and vested in State under Haryana Ceiling of Land Holdings Act – Allotment made in favour of defendant Jai Singh and possession delivered in 1980 ...
Arbitration and Conciliation Act, 1996 – Section 8 – Reference to Arbitration – Pendency of Arbitration Prior to Suit – Plaintiff filed suit for permanent injunction restraining defendant from claiming his share of profits and losses in partnership firm – Admitted position that arbitration proceedings between parties were pending since 2007 under partnership deed cont...
Education Law – Private Unaided Schools – Fee Regulation – Constitutionality of Statutory Fee Fixation Committee – Amendments to J&K School Education Act, 2002 inserting Sections 20A–20J providing for constitution of Fee Fixation and Regulation Committee (FFRC) challenged as violative of autonomy of private unaided schools under Article 19(1)(g) – Held: Stat...