Property Tax – IT-ITES SEZ Property – Industrial vs. Commercial Rates – Petition challenging levy of property tax at commercial rates on IT-ITES SEZ property – Held, property tax to be levied as per actual usage of the premises – SEZ units cannot claim exemption or industrial rates solely based on SEZ classification – Notifications and statutory provisions manda...
Land Revenue – Partition Proceedings – Subsequent Purchasers – Locus Standi – Writ petition challenging partition proceedings after seven years from issuance of sanadtakseem – Held, subsequent purchasers (petitioners) have no locus standi to challenge partition proceedings when predecessor-in-interest had already challenged and failed – Application under Section...
Land Law – Partition – Agricultural Land – Gair Mumkin Land – Writ petition challenging partition of agricultural land including gair mumkin land – Held, small portion of gair mumkin land does not bar partition of remaining agricultural land by revenue authorities – Partition ordered based on jamabandi with presumption of truth – Petition dismissed. [Paras...
Service Law – Promotion Eligibility – Joint Seniority – Letters Patent Appeal against the order directing reconsideration of promotion cases – Respondents promoted as Senior Assistants from a common seniority list – Appellants contended respondents lacked one year experience as Clerks as per Rule 8(1)(d)(ii) – Held, Rule 11 Note-1 treats Clerks, Steno Typists, a...
Court Fees – Refund – Compromise and Settlement – Writ petition challenging refusal to refund court fee after settlement of suit – Petitioner-plaintiff filed for possession by specific performance and permanent injunction – Suit dismissed as withdrawn based on compromise – Application for refund of court fee dismissed by lower court – Held, Section 16 of t...
Hindu Law – Succession – Legitimacy of Children – Writ petition by widow and daughters of a deceased employee claiming retiral benefits – Marriage of appellant No.1 during subsistence of first marriage – Marriage void – Daughters born out of void marriage deemed legitimate for succession – Appeal allowed to the extent daughters entitled to father's est...
Service Law – Pay Parity – Educational Qualification – Writ petition challenging different pay scales for graduate and non-graduate clerks – Petitioner, a non-graduate clerk, sought higher pay scale granted to graduate clerks – Held, educational qualification constitutes a valid basis for different pay scales – Classification between graduate and non-g...
Service Law – Selection Process – Compliance with Rules – Writ petition challenging annulment of appointment due to procedural violations – Appointment as Salesman annulled for not issuing notice to Assistant Registrar’s nominee – Held, selection made without issuing notice to Assistant Registrar’s nominee in violation of Rule 80 of 1963 Rules – Sele...
Land Law – Encroachment – Demarcation Reports – Writ petition against orders under Section 7 of Punjab Village Common Lands (Regulation) Act – Petitioner's appeal dismissed without considering demarcation reports showing no encroachment – Held, authorities failed to consider demarcation reports revealing no encroachment on Panchayat land – Impugned orders se...
Fiscal Legislation – Constitutional Validity – Sabka Vishwas Scheme – Writ petition challenging Sections 124(2) and 130(2) of the Finance (No. 2) Act, 2019 as ultra vires and unconstitutional – Provisions precluding refund of excess deposits under the scheme – Scheme aimed at reducing legacy litigation and encouraging voluntary disclosure of evaded taxes – Held,...