Labour Law - Bus conductor’s Dismissal - Departmental Enquiry – Challenge limited to findings/quantum – Consequence – Workman did not dispute legality or fairness of enquiry – Held: Labour Court could not re-open factual findings or dilute punishment on “misplaced sympathy”; interference with guilt finding and penalty was impermissible [Paras 7, 10].
Mi...
Criminal Law – Murder - Conviction for lesser/different offence – Sections 222 & 464 CrPC – Validity of convicting under Section 306 IPC when charged under Section 302 IPC – The High Court altered conviction to Section 306 though the charge was under Section 302 – Held: Permissible under Sections 222(2) and 464 CrPC where facts proved reduce the offence to a &ldqu...
Recruitment – Cut-off marks – Judicial review – High Court cannot direct lowering of cut-offs – Employer/Expert body has prerogative to fix rational, category-wise cut-offs; courts will not intermeddle absent arbitrariness – Held: Cut-offs @ General 71, OBC 56, SC/ST 20 were rational; direction to lower cut-offs set aside [Paras 10-11].
Reserved vacancies – F...
Entertainment Tax – Discrimination Based on Language – Article 14 Violation – Andhra Pradesh levied 24% entertainment tax on Hindi films while levying only 10% on Telugu films – Held: Classification based solely on language is arbitrary – No reasonable nexus with object of taxation – Violates Article 14 of the Constitution – Impugned notification struck do...
Litigation – Duty of Candour – Clean Hands Doctrine – Litigant must come to court with true, complete, and candid disclosure of facts – Courts are not to grant relief to a party who suppresses material facts or misleads the court – Held: A litigant who pollutes the stream of justice or touches the fountain of justice with tainted hands is not entitled to any relief, i...
Service Law - Headmaster Recruitment – Requisite Teaching Experience – Experience as Lab Assistant/Teacher Grade-III under Subordinate Service Rules does not satisfy 1970 Rules – Posts of Headmaster governed by Rajasthan Educational Service Rules, 1970 requiring Bachelor’s degree + B.Ed./equivalent and specified teaching/admin experience in higher classes – Experience...
Taxation Law - Revisional Power – Reasonable period where statute silent – Section 21 PGST Act – High Court quashed revision notice issued 5½ years after assessment – Held: Even if no express limitation is provided, revisional jurisdiction must be exercised within a “reasonable period” gathered from the statutory scheme – Ordinarily within 3 years; ...
Public Employment – Eligibility/Cut-off Date – Qualifications must exist by last date for applications – Appointment illegal where candidate did not possess M.D. on cut-off date – Applying Ashok Kumar Sharma (review) line of authorities – In absence of a date in rules/advertisement, last date for filing applications governs eligibility – Appellant acquired M.D. ...
Judicial Discipline – Adverse Remarks Against Subordinate Judiciary – High Court, while remanding a civil case, made disparaging observations describing the trial judge’s approach as “hasty, slipshod and perfunctory” and directed that a copy of the order be placed in his service record – Held: Remarks unwarranted and contrary to principles of judicial restraint ...
Service Law - Promotion – Sealed Cover Procedure – Departmental Proceedings Initiated After DPC – Not Permissible – Respondent recommended for promotion by DPC – Sealed cover procedure adopted on the ground that vigilance case was pending – However, charge sheet was issued only after recommendation – Held: Sealed cover procedure invalid as per Para 6 of ci...