Writ Petition – Ban on Slaughter of Animals – Policy Matter – Petitioners sought total ban on slaughter of cows, buffaloes, horses and chameleons citing religious and constitutional grounds under Article 48 – Held: Such matters fall within the domain of legislative and executive policy – Court cannot direct the government to enact a specific law or impose a total ban ...
Veterinary Practice – Certificate Holders – Central Act Superseding State Law – Section 30 of Indian Veterinary Council Act, 1984 held valid – It prohibits non-degree holders from practising veterinary medicine except for minor services under supervision – Court held this to be a reasonable restriction under Article 19(6) – Not unconstitutional [Paras 30, 39, 51...
Taxation Law - Excise – Refrigerator as a Packaged Commodity – Inclusion under Section 4A – Appellant challenged inclusion of refrigerators in Notification No. 9/2000 under Section 4A of Central Excise Act – Held: Refrigerators are sold in polythene, thermocol, and cardboard cartons – Such packaging satisfies the definition of ‘commodity in packaged form’ ...
Service Law – Premature Termination - Statutory Appointment – Applicability of Doctrine of Pleasure – Tenure Protection Under Special Statute – Termination Set Aside – The respondent’s appointment as Chairperson, NCTE was terminated by the Union of India citing the doctrine of pleasure under Article 310 – The Court held that the post was governed by a spec...
Land Acquisition – Sections 4, 6 and 11A of the Land Acquisition Act, 1894 – Planned Development and Airport Expansion – Rehabilitation Claims – Limitation for Award – The Court considered four connected matters arising from Delhi High Court decisions dismissing challenges to acquisition of land at Mahipalpur and Nangal Dewat for planned development of Delhi and for e...
Labour Court Jurisdiction – Co-operative Society Employee – Section 70 of KCS Act vs ID Act – Labour Court Had Jurisdiction – The appellant, a dismissed employee of a milk co-operative, sought reinstatement under the Industrial Disputes Act – High Court held Labour Court lacked jurisdiction due to Section 70 of the Karnataka Co-operative Societies Act – Held: Pr...
Freedom Fighters’ Pension – Date of Commencement – Grant Based on Secondary Evidence – Pension Not Payable From Application Date – The respondent’s claim for freedom fighter’s pension was allowed on the basis of secondary evidence, namely oral testimony from another detenue and not on a primary document like a jail certificate – Held: Following prece...
Service Law - Disciplinary Proceedings – Minor Penalty – Personal Hearing Not Mandatory – Rule 21 of Punjab Civil Services Rules – High Court's Error in Quashing Penalty – The respondent, a Sub-Divisional Engineer, was awarded the penalty of stoppage of two increments with cumulative effect after the disciplinary authority disagreed with the Enquiry Officer’...
Land Acquisition – Market Value Determination – Section 23 of the Land Acquisition Act – Reassessment of Compensation – High Court assessed market value at ₹1,20,000 per acre based on exemplars but reduced it by one-third due to small plot sizes – Supreme Court held that the deduction was excessive considering the land’s location, use, and industrial potential...
Civil Law - Issuance Of Non-Bailable Warrant - Jurisdiction of Matrimonial Court – Personal Appearance – Section 23(2) of Hindu Marriage Act – Validity of Direction – Upheld – The appellant challenged the High Court’s order directing his personal appearance and issuing non-bailable warrants after repeated failure to appear in matrimonial appeal proceedings &ndas...