Motor Accident Claim - Motor Vehicles Act – Gratuitous Passengers – Goods Vehicle – Liability – Claimants travelled in a goods vehicle (Tata-407) as gratuitous passengers – Insurer contended that such passengers are not covered under Section 147 and sought complete exoneration – Held: In view of Swaran Singh, Shamanna, Manuara Khatun, Sadhna Tomar and subsequent...
Land Acquisition – Market Value – Potentiality – Comparable Sales – Enhanced Compensation Upheld – Berna kissam land situated near Bargarh Railway Station, Mission Hospital, Church, Spinning Mill and Sugar Factory – Claimant’s evidence on potentiality unrebutted – Reference Court fixed Rs.500 per decimal as market value against Rs.80 per decimal awar...
Payment of Gratuity – Delayed Payment – Statutory Interest – Controlling and Appellate Authorities awarded 10% interest on delayed gratuity payment under Section 7(3A) of the Payment of Gratuity Act – Petitioner-Bank challenged the rate, relying on a coordinate bench order allowing only 6% interest – Court held 10% interest remains valid and enforceable as per Central...
Service Law – Recovery from Pension – Rule 2.2(a) PCS Rules – Consent Mandatory – Petitioner retired as Executive Officer from Municipal Council, Kaithal – Recovery of ₹6,63,688/- made from pension account in 2021 without prior notice or consent – Held: Recovery without consent is impermissible under Rule 2.2(a) of Punjab Civil Services Rules, Volume II and Ru...
Indirect Tax – Informer Reward Scheme – Maintainability of Writ – Informer’s Right – Petitioner claimed entitlement to reward under CBEC Notification dated 31.07.2015 for providing information against M/s Shakti Enterprises leading to tax demand and penalty – Order-in-original dated 06.12.2023 raised demand, later modified by order-in-appeal dated 15.07.2024 red...
Constitution of India – Article 243-D – Reservation in Local Bodies – Triple Test Compliance – OBC Reservation – Held: The State Election Commission complied with the 'Triple Test' mandated by the Supreme Court in Vikas Gawali – (1) A dedicated Commission was appointed; (2) Rigorous empirical inquiry was conducted (based on 2022 data); (3) Total reservat...
Slum Rehabilitation – Preferential Right of Owner – Conflict between prior developer and subsequent purchaser of land declared as slum area – Appellant sought mandamus for acquisition of subject property under 2015 CEO-SRA order – Held: As per Tarabai and Saldanha Real Estate rulings, acquisition under Section 14 cannot proceed unless owner’s preferential right is ext...
Taxation Law - Excise Duty – Exemption – Use of Power – Clubbing of Units – Appellant sought to deny exemption under Notification No. 5/98-CE to Unit No.1 alleging that entire manufacturing process, including stages at Unit No.2, involved power – Supreme Court held that even if units are separate entities, when their processes are integrally connected and collectively...
Land Acquisition – De-notification under Section 101-A of 2013 Act – No vested right – Petitioners sought de-notification on the ground that the land acquired in 2008 under urgency clause remained unutilised – High Court held that Section 101-A does not confer any right on landowners to demand release – De-notification is a discretionary power of the State Government,...
Service Law – Appointment based on Unrecognized Qualification – Fraud and Misrepresentation – Held: Where appointment is secured on the basis of a certificate from an institute not recognized by the State Government, contrary to the specific eligibility criteria in the advertisement and appointment letter, the appointment is void ab initio. The principle that fraud vitiates every...