Writ - Maintainability – Second Writ Petition After Withdrawal of First Without Liberty – Barred by Constructive Res Judicata - The appellant had earlier withdrawn CWJC No.19237 of 2015 without reserving liberty to refile – The second writ petition CWJC No.19359 of 2016 challenging the same cause was rightly held not maintainable by the Single Judge – Doctrine of election a...
Civil Law - Execution Proceedings – Application under Order XXI Rule 97 CPC – Transferee Pendente Lite – Not Maintainable – Petitioner purchased suit property during pendency of litigation – Held: Transfer hit by Section 52 of the Transfer of Property Act – Executing court should have dismissed the application under Rule 97 CPC at the threshold in view of bar un...
Service Law – Appointment – Regularization of Ex-Casual Labour – Respondent claimed benefit under APSEB policy dated 18.05.1997 for appointment as Lower Division Clerk (LDC) – Application rejected citing non-genuineness of service certificate and lack of typewriting qualification – High Court directed reconsideration of appointment ignoring typewriting requirement &nd...
Civil Law - Interest – Commercial Transaction – Share Valuation Dispute – Interest Entitlement – Appellants sought higher interest on the enhanced share valuation in a transaction involving compulsory acquisition by the State – High Court restricted interest to 5% simple interest considering the State's burden – Held: The transaction is commercial in nature,...
Land Acquisition – Release of Land – Discrimination – Factory on Acquired Land – Rejected - Appellant sought release of his factory land acquired under Section 4 notification for planned development – Claimed discrimination citing similarly situated lands released by the State – Held: The appellant lacked mandatory Change of Land Use (CLU) permission, unlike oth...
Civil Law - Dealership - Retail Outlet Dealership – Declaration of Group in Application – Change Not Permissible – Respondent Bound by Own Declaration – Respondent initially applied under Group 2 for BPCL dealership but later sought change to Group 1 claiming error – Held: Selection guidelines, advertisement, and application form strictly bind applicants by their orig...
Service Law – Removal with Terminal Benefits – Entitlement to Pension – Pension Directed - The respondent, a bank employee, was removed from service on charges of gross misconduct, with appellate authority modifying dismissal to removal with entitlement to terminal benefits – Held: Removal with terminal benefits under Clause 6(b) of the Bipartite
Settlement allows pensi...
Civil Writ - Teacher Recruitment – Validity of Selection Advertisement – Supreme Court Binding Directions – Relief Denied - Petitioners sought a direction to commence the recruitment process as per the Advertisement dated 07.12.2012 – Supreme Court in Shiv Kumar Pathak (2018) had already moulded relief by permitting the State to issue a fresh advertisement for remaining vac...
Civil Law - Recruitment – Possession of Qualification – Last Date for Eligibility – Rule Does Not Prescribe Cut-off – Supreme Court held that Rule 6(2) of the 2016 Recruitment Rules does not prescribe a fixed cut-off date for possessing the educational qualification – Interpretation by High Court treating 29.09.2022 as the cut-off date was held to be erroneous –...
Civil Writ - Slum Rehabilitation Scheme – Challenge to Declaration of Land as Slum Area – Absence of Title – Declaration Upheld – Petitioners claimed tribal status and ownership over land declared as slum area in 2016 – Relied on decades-old revenue records and Village Specimen No. 2 – Held: No valid document of title or order of allotment produced – Mere ...