Essential Commodities Act, 1955 – Drugs (Price Control) Order, 1995 – Exemption Notification – Interpretation – Pentazocine (Fortwin) – Respondent pharma company granted exemption from price control till 31-10-1999 under para 25 DPCO, 1995 – Union sought recovery of alleged overcharge on sales made after 31-10-1999 – High Court held exemption applied to dr...
PIL - Prevention of Money Laundering Act, 2002 – Independence of Judiciary – Articles 14, 19(1)(g), 21, 50, 323B – Validity of provisions on Adjudicating Authorities and Appellate Tribunal – Petition partly allowed – PIL challenged provisions of PMLA and Rules of 2007 alleging executive dominance in selection/removal of adjudicatory members – Held: Judicial inde...
Service Law – Promotion – Article 14 – Non-communication of ACR entries – Held arbitrary – Appellant denied promotion to post of Superintending Engineer as ACR graded “good” instead of “very good”, though not communicated – Held: Every entry in ACR (poor, fair, average, good, very good, outstanding) must be communicated within reasonable ...
Service Law – Departmental Proceedings – Finality of Orders – Appellant dismissed by Revenue Secretary – Revenue Minister noted on file suggesting reversion instead of dismissal due to mitigating factors – Held: Mere internal noting or expression of opinion on a file does not constitute a binding order unless duly authenticated and communicated – Notings not exp...
Slum Rehabilitation – Competing Claims – Developer’s proposal rejected due to overlap with already approved scheme and lack of Annexure I for one of the plots – Held: SRA's rejection justified – Composite application without complete documentation for F.P. No. 569 (Part) was invalid – Developer had not annexed Annexure I with original proposal [Paras 29, 54&...
Service Law – Probation – Reversion from Higher Post – Appellant was appointed as Extra Assistant Commissioner on probation – Despite commendable service and no extension of probation period by the Governor, appellant was reverted to his former post of Tehsildar – Held: Mere lapse of probationary period does not confer a right to confirmation – However, absence ...
Delhi Rent Control Act – Constitutionality of Section 14(1)(e) – Bona fide requirement – Discrimination between residential and non-residential premises – Section 14(1)(e) held partly unconstitutional – The classification restricting landlord’s right of eviction to residential premises only held violative of Article 14 – Provision read down to apply unifor...
Environmental Protection – Aravalli Mining – Punjab Land Preservation Act, 1900 – Preparation of Macro Plans Ordered - CEC filed a report on mining activities in Aravalli region – Court directed that macro-level environmental and land use plans must be prepared before permitting site-specific projects including relocation of Trade Fair Authority, Police Training Academy, an...
Environment – Diversion of forest land for highways, transmission lines, mining, and Commonwealth Games projects – Conditional clearances granted subject to CEC recommendations, NBWL conditions, FC Act approval, and NPV payments [Paras 6-8, 26, 40-44].
Forest Land Diversion – National Highway Expansion – Wildlife Sanctuary Land – Conditional Approval - NHAI sought ...
Service Law – Pension – Limitation – Disability pension – Delay of 16 years in claiming arrears – Held barred – Respondent invalidated from service in 1983; disability pension granted prospectively pursuant to Single Judge order restricting arrears to 38 months – Division Bench wrongly directed arrears for 16 years with interest – Held: belated servi...