Service Law – Temporary Employees – Right to Continue Till Work Exists – The petitioners, engaged as temporary employees in various judicial districts of Punjab, sought regularization of their services – The Court noted that while regularization had been rejected in similar cases (Bikramjit Singh v. State of Punjab, 2019), the petitioners had been continuously working witho...
Sanction for Prosecution – Retrospective application of amended Section 19 of the PC Act – Court held the amendment to Section 19(1) of the PC Act, which requires sanction to prosecute retired public servants, applies prospectively from the date of cognizance of the offence, not from the date of offence or FIR – Refusal of sanction by the Secretary, Industries Department, was set...
Administrative Law – Employment and Reservation Policy – Selection under Reserved Category – Delay and Laches – The petitioner sought appointment as Upper Division Clerk under the Freedom Fighter Category, claiming that a higher-scoring candidate was wrongly placed in this category instead of the General Category, affecting his selection – Held: Petition dismissed due...
Consumer Law – Definition of Consumer – Whether the borrower of a project loan qualifies as a "consumer" - Business-to-Business Transactions Not Covered – Respondent No.1 (a company) had availed a project loan from the appellant-bank for the purpose of film post-production – The Supreme Court held that a loan taken for business expansion constitutes a commercial p...
Consumer Law - Consumer dispute regarding delayed possession and non-compliance with an alternate accommodation agreement – Limitation Period – NCDRC's Dismissal Set Aside – Complaint Restored – The National Consumer Disputes Redressal Commission (NCDRC) dismissed the complaint as time-barred, holding that the cause of action arose in July 2015 – The Supreme Court...
Motor accident claim—Involvement of a minor in the accident – No Substantive Evidence – Liability Set Aside – The Tribunal and the High Court held that Appellant No. 2 (a minor) was driving the vehicle at the time of the accident – The Supreme Court, after re-evaluating the evidence, found no cogent proof to establish that the minor was the driver – Eyewitness t...
Motor Accident – Contributory Negligence – Tribunal's Finding Restored – High Court’s Finding Set Aside – The High Court had attributed 25% contributory negligence to the deceased based on assumptions without corroborative evidence – The Supreme Court held that there was no sufficient evidence to establish negligence on the part of the deceased – Tribu...
Land Acquisition – Compensation for Unacquired Portions – Applicability of RFCTLARR Act, 2013 – Held: The direction of the learned Single Judge to acquire the remaining portion of land or compensate for the severance is not mandatory – The Government has the discretion to decide on acquiring the remaining portion – The compensation must be determined in accordance wit...
Property Dispute – Claim of Encroachment Over Passage – No Title Proven – The appellant claimed ownership over a disputed passage in a residential area, alleging illegal encroachment by the defendant – The courts below found that the appellant had no title over the passage and failed to establish any ownership rights – Held: Mere assertion of right without documentary...
Civil Law - Partition Suit – Validity of Family Settlement – Order XII Rule 6 CPC – Suit dismissed – The Appellant challenged the Trial Court’s dismissal of his suit seeking partition of 104 acres of land and declaration of 2005 and 2006 family arrangement documents as null and void – Appellant argued that these documents were executed without his consent &ndash...