Disability Pension – Schizophrenia – Pension Regulations, 1961 – Regulation 173 and Appendix II – Medical Board opined illness not attributable to military service – Held: High Court erred in granting pension merely because no disease was recorded at time of enrolment – Clause 7(c) requires proof that conditions of military service determined or contributed to t...
Arbitration – Default in Appointment of Arbitrator – Section 11(6) of Arbitration Act – Power of Court to Appoint – Respondent issued notices under Section 11 seeking appointment of arbitrator; Appellant failed to appoint within 30 days – Respondent filed petition under Section 11(6) before Delhi High Court – Appointment of arbitrator by appellant after filing o...
Labour Law – Termination without complying with Section 25F – Reinstatement with back wages not automatic – Relief modified – Respondent, a daily wage worker employed at Madhya Pradesh Bhawan, was terminated without following Section 25F – Industrial Tribunal awarded compensation; however, High Court directed reinstatement with full back wages – Held: In light o...
Arbitration – Section 11(6), Arbitration and Conciliation Act, 1996 – Existence of Live Dispute – Appointment of Arbitrator Upheld – Dispute regarding transfer of 1.20 lakh sq.ft. FSI under Joint Development Agreement (1994) alleged to have been settled by subsequent MoU (2005) – Respondent repudiated MoU and invoked arbitration – Held: Issue regarding additiona...
Pre-emption Suit – Non-impleadment of Necessary Party – Decree set aside – Section 21 of Punjab Pre-emption Act – Article 300A of Constitution – Property rights violated - A decree of pre-emption was passed without impleading the appellant who had purchased the property through a registered sale deed and was in possession – Held: Appellant was a necessary party ...
PIL - Section 158(6), Motor Vehicles Act – Mandatory compliance by police – Directions issued to ensure prompt forwarding of accident reports to Claims Tribunals and insurers.
Motor Accident Claims – Compliance with Section 158(6) MV Act – Mandatory Reporting by Police – Non-compliance addressed – Section 158(6) imposes a statutory duty on the police to repor...
Panchayat Administration – District Development Officer v. President – Administrative Powers Clarified – Sections 83 & 162 of Gujarat Panchayats Act – High Court correctly held that while elected Panchayat officials play a key role in policy-making, executive authority in service matters lies with the District Development Officer (DDO) – Held: DDO is not subordina...
Judicial Service – Departmental Proceedings – Natural Justice – Bias – Appellant, a Judicial Officer, was dismissed from service on recommendation of the Disciplinary Committee of the High Court of Gujarat based on inquiry findings – Same judge who was a member of that Disciplinary Committee also later sat on the bench hearing the appellant’s writ petition chall...
Service Law – Retrospective Reservation for Women – Validity of Rule 22A Amendment – Upheld – Appellants challenged the application of G.O. Ms. No. 928 dated 6.10.1995 and G.O. dated 28.5.1996 which enhanced reservation for women to 30% and 33⅓% respectively – Held: Government has power under Article 309 to frame rules with retrospective effect – Rule 22A as a...
Service Law – Seniority – Retrospective Promotion – Legality – Held: Promotees cannot claim seniority from a date prior to their actual appointment to the cadre. Appellants, who were promoted as Assistant Conservator of Forests (ACFs) in 2002, were retrospectively given seniority from 1994. Respondents, appointed directly in 1996, challenged this retrospective promotion. Su...