Pension Law – Restoration of Commuted Pension – Period for Restoration – Petitioners, retired employees of Punjab National Bank, challenged the 15-year period prescribed under Regulation 41(4) of the Punjab National Bank (Employee) Pension Regulation, 1995, for restoration of commuted pension – Contended that lump sum amount paid on commutation is recovered within 10-11 yea...
Civil Law - Mortgage Deed – Validity of Execution – Evidence Sufficient to Prove Execution – The Appellant/Plaintiff asserted the existence of a validly executed registered mortgage deed (Ex.A.1), claiming consideration of Rs.10,00,000/- was passed, partially prior and partially at the time of execution – Trial Court dismissed the suit on the grounds of inconsistent evidenc...
Animal Welfare – Fundamental Rights of Animals – Rule 20 of the Animal Birth Control Rules, 2023 – Constitutionality Affirmed – The petitioners challenged the validity of Rule 20 of the Animal Birth Control Rules, 2023, which mandates Resident Welfare Associations or Apartment Owner Associations to provide designated feeding spots for community animals – The responden...
Service Law – Promotion and Consequential Benefits – Validity of Disciplinary Proceedings – Challenge to Promotion Denial – Retrospective Promotion – Appellant, a bank employee, was denied promotion from MMG/S-II to MMG/S-III in 2001 due to disciplinary proceedings. High Court quashed the disciplinary proceedings, holding the enquiry officer was junior to the appellan...
Arbitration Law – Jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Scope of Interference – Division Bench of High Court erroneously interfered with concurrent findings of DRB, Arbitral Tribunal, and Single Judge – Limited scope under Sections 34 and 37 reiterated – Division Bench's interpretation of Clauses 51 and 52 as "u...
LPG Distributorship – Disqualification Alleged – Appellant challenged allotment of LPG distributorship to the 4th respondent on the ground of offering the same land by two applicants – High Court dismissed the challenge – Guidelines required land ownership or lease on the date of application – Affidavits executed at the time of field verification found permissible &nd...
Land Acquisition – Market Value – Re-determination – The Reference Court enhanced compensation for acquired land at Rs.250 per sq. ft., but the High Court reduced it to Rs.200 per sq. ft. – The Court noted that the Reference Court erroneously relied on post-notification market values and failed to base its determination on contemporaneous evidence of 2007 when the prelimina...
Labour Law - Certified Standing Orders – Exercise of Power Under Clause 28 – Non-Compliance with Clause 27 – Impersonation Allegation – Removal Set Aside – Clause 28 allows removal without following regular departmental enquiry only in limited cases such as criminal conviction or when continuation of service is against security interests – In the present case, t...
Service Law - Juvenile Justice Act – Applicability to Recruitment – Suppression of Criminal Case – Petitioner, a juvenile at the time of the alleged offence, did not disclose a pending criminal case in his attestation form when joining SSB – Termination of service on this basis held unsustainable – Juveniles are protected from disqualification under Section 19 of the ...
Civil Law - Res Judicata – Subsequent Application in the Same Proceedings – Bar under General Principles – Respondents filed a second application for issuance of a commission under Order 26 Rule 10 CPC after an earlier application on similar grounds had been rejected by the trial court – Held: The principle of res judicata applies to interlocutory orders at different stages...