Tender Process – Disqualification of Bidders – Judicial Review – Petitioners challenged their disqualification from a tender process for the supply of food kits during the Gauri-Ganpati Festival – The High Court upheld the decision of the Technical Evaluation Committee to disqualify the petitioners for failing to meet the eligibility criteria under condition PQ5 of the tend...
Panchayati Raj – Merger of Panchayats – Procedure Followed – Petition challenging merger of two Gram Panchayats into one – Held, the merger was based on resolutions passed by both Gram Sabhas – Proper procedure followed, and notification issued – Petitioner did not challenge the notification – Elections for merged Gram Panchayat held, and Panchayat functio...
Land Acquisition – Review of Orders – Possession and Compensation – Review applicants, Union of India and Defence Estate Officer, sought review of orders dated November 21, 2016, and December 6, 2016, directing compensation to Terai Tea Company under the Act of 2013 – Review sought on grounds of not being parties to the original proceedings and adverse effect on their right...
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...