Criminal Procedure - Quashing of Complaint - Limitation Period - Insecticides Act - Petition for quashing complaint for misbranded insecticide—Complaint filed after limitation period of three years—Sample drawn on 13.07.2012, analyst report dated 30.07.2012—Application for sanction submitted on 13.08.2015, sanction granted on 01.11.2017—Complaint filed on 05.01.2018—H...
Land Law - Common Purposes Land - Ownership and Control - Implementation of Supreme Court Judgment - Executive instructions issued by Punjab and Haryana, pursuant to the Supreme Court decision in State of Haryana v. Jai Singh and others, sought to transfer ownership of lands reserved for common purposes to Panchayats or Municipalities—Instructions quashed as they contravened statutory scheme...
Service Law - Deputation - Requirement of Consent - Tripartite Agreement - Petition challenging deputation order directing petitioner to join as Private Secretary in the office of Lokayukta, Haryana—Deputation requires a tripartite agreement involving the parent department, borrowing authority, and the deputationist—Petitioner did not express willingness to proceed on deputation—...
Arbitration - Objections to Award - Limitation Period - Section 34(3) - No Condonation Beyond Specified Period– Appeal against dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as time-barred – Held: Section 34(3) prescribes a limitation period of three months from the receipt of the arbitral award, extendable by a further 30 days if sufficient cau...
Constitutional Law - Writ Petition - Suppression of Material Facts - Criminal Antecedents - Petition seeking quashing of verbal orders not to report for duty and preventing replacement by another contractual employee—Petitioner failed to disclose involvement in a criminal case (FIR No. 178 dated 30.03.2017 under Sections 306, 420, and 406 IPC) and custody from 06.04.2017 to 13.09.2017—...
Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...
Land Law - Eviction - Evidence of Ownership and Possession – Held, the Gram Panchayat failed to establish through relevant revenue entries that the disputed land belonged to it. The authorities below did not call for cogent evidence of valid possession by the Gram Panchayat, leading to arbitrary and slipshod eviction orders. The impugned orders are quashed, and the petition is accepted. [Par...
Writ Jurisdiction - Availability of Alternative Remedy – Held, where a statutory remedy is provided, the Writ Court should not exercise its extraordinary jurisdiction. The learned Single Judge erred in entertaining the writ petition without relegating the petitioner to the alternative remedy available under the statutory provisions. [Para 10]
Non-impleadment of Necessary Parties...
Labour Law - Compensation for Retrenchment - Sufficiency of Compensation – Held, the respondent, having worked for 2 years, was adequately compensated with Rs.1 lakh, which was already paid. The Single Judge was justified in setting aside the Labour Court's award based on the respondent not completing 240 days of work. The appeal is partly allowed. [Paras 1-12]
Determination...
Criminal Procedure - Second Revision Petition - Inherent Powers of High Court – Held, the petition under Section 482 Cr.P.C. amounts to a second revision petition disguised as a petition under Section 482 Cr.P.C. Section 397(3) Cr.P.C. bars a second revision to prevent frivolous litigation. The High Court's inherent power should be exercised sparingly to avoid needless multiplicity of pr...