Service Law – Pension – Forfeiture of Past Service on Resignation – Context: The deceased employee, a conductor with DTC, resigned after 29 years of service. The resignation was accepted, but a subsequent request to withdraw it was declined. The legal heirs claimed pension, arguing the resignation should be treated as voluntary retirement given the length of service – Held:...
Service Law – Regularization – Long-term Ad hoc Engagement – Disengagement Quashed – Petitioner engaged as Junior Typist since 1996 on repeated 44-day contractual spells with artificial breaks – Continued engagement for over 25 years proves necessity of post and availability of work – Held: Such long service cannot be labelled temporary – Disengagement ord...
Civil Law – Interim Injunction – Prima Facie Case – Plaintiff sought injunction to restrain defendants from raising construction on agricultural land allegedly belonging to his ancestors – Claimed defendants obtained revenue entries fraudulently during consolidation – Courts below rejected injunction holding no prima facie title established and possession with defenda...
Constitutional Law – Writ of Quo Warranto – Appointment of Additional Advocate General challenged on ground of insufficient experience and violation of State Litigation Policy, 2018 – Held: A writ of quo warranto lies only where appointment is contrary to statutory rules – Litigation Policy, 2018 does not have statutory force – It is merely a guideline and not enforce...
Education Law – Withholding of Original Certificates – Petitioner, an MBBS student, withdrew mid-course due to health reasons and sought return of original certificates for admission to another university – Respondent institution withheld certificates citing pending balance fee for IV and V year – Held: Retaining original documents of a student is not a lawful means for fee...
Education Law – Maintainability of Writ Petition – Jurisdiction of Tribunal – Appellant challenged Director's order rejecting claim for promotion to 7th post of Lecturer in Physics – Learned Single Judge dismissed writ petition holding that statutory remedy under Section 24-B of Odisha Education Act was available before the Tribunal – Held: Tribunal has exclusive ...
Tenancy Law - Rent Control – Eviction – Bona Fide Requirement – Reconstruction of Building – Landlord sought eviction of tenant from commercial shop to reconstruct integrated block of 5 shops into hotel and restaurant for himself and his son – Son had undergone training and expressed intent to operate business – Courts below found requirement genuine – Hel...
Taxation Law - Indirect Tax – SVLDRS – Litigation vs. Arrears Category – Petitioner filed declaration under Litigation category under Section 124(1)(a) of Finance Act, 2019 – Tribunal’s remand order dated 30.12.2010 had relegated proceedings to show cause notice stage – Final quantification of duty remained pending as on 30.06.2019 – Held: Petitioner&rsquo...
Consolidation Law – Post-scheme Allotment – Civil Court Jurisdiction – Consolidation scheme concluded in 1962 – Assistant Director passed order on 02.07.1964 under Section 21(4) allotting land from shamlat thola gordhan without amending the consolidation scheme and without notice to right-holders – Held: Once consolidation proceedings conclude, consolidation authoriti...
Contempt of Court – Non-compliance of Court Directions – Land Acquisition – Original writ petition sought mandamus for return of land and compensation – High Court in 2003 recorded government’s assurance to hand over possession of unutilized land and pay compensation – Contempt petition filed due to non-compliance – High Court dismissed contempt petition s...