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...
Rent Law - Eviction – Willful Default in Payment of Rent – Tenant’s Knowledge of Ownership – Eviction Upheld – The petitioners challenged their eviction, claiming lack of knowledge of the landlord's ownership and absence of attornment notice. The Court held that the tenants were aware of the partition and ownership rights, as evidenced by admissions in cross-exami...
Civil Law - Stamp Duty Refund – Applicability of Amended Limitation Period – Section 48(1), Maharashtra Stamp Act – Retrospective Inapplicability of Amendments – Appellants entitled to claim refund under the unamended provision providing a two-year limitation from execution of the cancellation deed – Held: The amendment reducing the limitation period to six months cou...
Income Tax – Search and Seizure – The court examined the validity of the search and seizure operations conducted against Misty Meadows Private Limited. It was found that the search and seizure conducted at the premises of M3M India Limited wrongly included the petitioner company without proper authorization. The search was initiated without a specific authorization for the petitioner, ...
Election Petition – Locus Standi and Cause of Action – Rejection under Order VII Rule 11 CPC – Election petition dismissed at the threshold for lack of cause of action and failure to establish locus standi – Held: The petitioner neither contested the election nor demonstrated that he was an elector of the constituency – The petition failed to satisfy the mandatory req...
Writ – Service Law - Challenged the non-continuance of her deputation – No Vested Right to Continue – A deputationist has no enforceable right to remain on deputation beyond the discretion of the lending or borrowing department. The borrowing department retains the authority to repatriate the deputationist at any time. Held: Repatriation order valid [Para 11].
Interp...
Service Law - Suspension of Home Guard Volunteer - Lack of Statutory Basis – Petitioner challenged suspension order dated 30.08.2019 and denial of subsistence allowance – Held: Punjab Home Guards Act, 1947, and Rules, 1963, lack provisions for suspension; instructions from Government of India and State Standing Orders permit suspension but fail to address subsistence allowance – ...