Railway Accident – Claim for Compensation – Bona Fide Passenger – The appellants, legal representatives of the deceased (Rajbir Singh), sought compensation following his death in a railway accident. The claim was initially dismissed by the Railway Claims Tribunal due to the absence of a valid ticket. The deceased was allegedly travelling on the train from Tilak Bridge Railway Sta...
Taxation Law – Detention of Goods – E-Way Bill Compliance – Petition challenging penalty imposed under Section 129 of the CGST/SGST Act, 2017 – Goods detained due to incomplete Part-B of the E-Way bill – Intention to evade tax immaterial for imposing penalty under Section 129 – Authorities empowered to detain goods and demand tax and penalty if documents are not...
Landlord-Tenant Law – Bona Fide Necessity – Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973 – Landlord's prerogative to determine suitability of premises – Tenant cannot dictate how landlord satisfies his need – Petition for ejection on personal necessity presumed genuine – Orders of eviction upheld – Petition dismissed. [Para 9]
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Landlord-Tenant Law – Material Impairment – Section 13(2)(iii) of Haryana Urban (Control of Rent and Eviction) Act, 1973 – Petitioner sought eviction for non-payment of rent, impairment in value and utility, and nuisance – Rent Controller allowed eviction for material impairment – Appellate Authority dismissed petition – Tenant admitted to opening door and windo...
Service Law – Recovery of Excess Payment – No Fraud or Mistake by Employee – Appeal against quashing of recovery order – Respondent received excess increment for 20 years due to employer's mistake – No allegation of fraud or mistake by respondent – Inequitable to recover after retirement or near retirement – Recovery orders set aside – Appeal dis...
Educational Law – Termination of Services – Interim Relief – Section 7-A (12) of Punjab Affiliated Colleges (Security of Services of Employees) Act, 1974 – Petitioner’s services terminated by respondent school – Petition filed before Punjab Educational Tribunal – Interim relief sought and declined due to lack of quorum – Writ petition maintainable bu...
Land Law – Appointment of Lambardar – Procedural Defects in Proclamation – Articles 226 and 227 – Petitioner appointed as Lambardar without proper proclamation – Only three days allowed for filing applications – Procedural defect identified by Commissioner and Financial Commissioner – Directions for fresh proclamation with at least 15 days for submission o...
Service Law – Deputation – Requirement of Consent – Article 226 – Rule 11 of Haryana Lokayukta (Functions, Powers, Inquiry and Investigation) Rules, 2008 – Petitioner directed to join as Private Secretary on deputation basis – Deputation requires tripartite consent involving parent department, borrowing authority, and deputationist – Petitioner did not exp...
Land Law – Consolidation – Limitation and Jurisdiction – Articles 226 – Sections 22 and 42 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Petition to quash orders providing new passage/rasta to private respondents – Motion for correction made after 49 years – Delay unreasonable – Original rasta provided in consoli...
Service Law – Compassionate Appointment – Rule 4(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 – Petition for ex-gratia employment – Rule 4(1) restricts eligibility to cases where deceased employee was less than 52 years old at the time of death – Petitioner's father was 56 years old – Petitioner not entitled to...