Delhi Rent Control – Constitutionality of Section 14(1)(e) – Article 14 – Discrimination between Residential and Non-Residential Premises – Partly Struck Down – Section 14(1)(e) of the Delhi Rent Control Act, 1958, which confined landlord’s right of eviction on bona fide requirement to residential premises, held unconstitutional under Article 14 – Classifi...
Environmental Law – Aravalli Hills – Punjab Land Preservation Act, 1900 – Land Notified under Sections 4 & 5 – Treated as Forest – Any non-forest use requires approval under Forest (Conservation) Act, 1980 – Applicants’ plea of exemption for constructions rejected – Court held that once land is notified and treated in government records as forest...
Service Law – Inter-Collectorate Transfer – Seniority vs. Eligibility – Transferees not entitled to promotion consideration outside zone of seniority – Respondents transferred as LDCs from one Collectorate to another on compassionate grounds in 1992 – As per Government policy (1980), such transferees placed at bottom of seniority in new Collectorate – CAT and Hi...
Constitutional Law – Creation of Judicial Districts – Validity of Notification – Delhi Bar Association challenged the notification issued by the Lt. Governor on 28.06.2000 dividing Delhi into nine civil districts – Petitioners argued that the Lt. Governor had no authority and that only Delhi Legislative Assembly could decide such matters – Held: Lt. Governor acted law...
Succession Law – Proof of Will – Section 63 of Succession Act and Section 68 of Evidence Act – Will executed two weeks before testator’s death due to cancer – Alleged execution in favour of niece while disinheriting wife and minor children – High Court held Will valid based solely on compliance with formal proof – Supreme Court held that proof of execution...
Customs – Duty Drawback – DEPB Scheme – Re-export of Defective Goods – Refund Mechanism – Appellant imported watch parts, paid duty via DEPB debit – Upon finding parts defective, re-exported the same and claimed duty drawback under Section 74 – Department rejected claim on ground that duty was not paid in cash – Held: Once goods are re-exported, asse...
Military Law – General Court Martial – Validity of Convening Authority – Section 109 of the Army Act – Appellant challenged jurisdiction of GCM alleging it was not convened by competent authority – Held: Warrant issued by Chief of Army Staff empowering field officers to convene GCM was valid – Convening order issued by Major General commanding 16 Corps was lawfu...
Labour Law – Retrenchment – Continuous Service – U.P. Industrial Disputes Act – Distinction from Central Act – Workmen alleged retrenchment without compliance with Section 6N of U.P. Act – Industrial Tribunal relied only on preceding 12 months’ attendance to hold workmen had not completed 240 days – High Court held Tribunal erred in ignoring broader ...
Service Law – Departmental Proceedings – Smuggling Allegation – Delay in Initiation – Respondent, an Intelligence Bureau officer, was dismissed from service on grounds of unauthorized border visit and alleged complicity in smuggling activities – Customs proceedings dropped charges and criminal court acquitted him of conspiracy and other offences – Department ini...
Civil Procedure – Pleadings and Alternative Relief – Plaintiff filed suit for ejectment based on tenancy – Trial Court found tenancy established but limited rent to Rs. 300 per month – High Court found no tenancy but held defendant a licensee and confirmed ejectment – Held: Even if specific plea of licence not taken, court can grant relief if matter was in issue, evid...