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,...
Service Law – Dismissal from Service – Natural Justice – Writ petition challenging dismissal from service for alleged bribery – Personal hearing conducted by a different officer than the one who passed the final order – Held, principles of natural justice mandate that the officer who hears must also decide – Successor officer had no occasion to hear the petition...
Juvenile Justice – Bail – Section 12 – The petitioner's bail application was initially rejected solely due to his habit of drinking. Held: The petitioner is entitled to bail as there is no material to show that his release would bring him into association with known criminals, expose him to moral, physical, or psychological danger, or defeat the ends of justice. Bail granted....
Arbitration Law – Non-Speaking Award – Section 34 – Appeal challenging the arbitral award and its dismissal on the ground that the award was non-speaking and thus invalid. Held: For an award to comply with Section 31(3) of the Act, it must contain reasons supporting the conclusions unless the parties agree otherwise. The absence of reasons constitutes a patent illegality under Se...
Arbitration Law – Objections under Section 34 – Limitation – Appeal against the dismissal of objections to an arbitral award. Held: The dismissal of objections on the ground of limitation was improper as there was no evidence that the signed copy of the arbitral award was served upon the appellants. The Additional District Judge erred in commenting on the merits after concluding ...
Sales Tax – Refund of Excess Tax – Unjust Enrichment – Appeal against the refusal of refund based on the principle of unjust enrichment. Held: The officer determining the refund amount cannot review or revise the assessment order but must respect it and only quantify the refund. The appeal was allowed, and the appellant was entitled to a refund as per the assessment order. [Paras...
Criminal Law – Appeal against Conviction – Section 411 IPC – Appeal against conviction for the offence under Section 411 IPC. Appellant was convicted based on the recovery of Rs. 13,000, a photograph, and a bag. Held: In the absence of strong evidence, particularly the lack of proof that the appellant knew or had reason to believe the property was stolen, the conviction under Sec...