Constitutional Law - Service Law - Promotion - Eligibility Criteria - Judicial Review – The petitioner, a Sewadar in the office of the Market Committee, was promoted to the post of Clerk subject to the condition of completing five years of service and passing the type test. The Secretary, Punjab Mandi Board, later canceled this promotion citing non-fulfillment of eligibility criteria at the ...
Constitutional Law - Religious Beliefs - Samadhi - Disposal of Body - Articles 25 and 26 of the Constitution of India - High Court's order mandating disposal of the body of Ashutosh Ji Maharaj by cremation quashed. The High Court held that in the absence of any law directing the disposal of the body, such a direction would violate the fundamental rights under Articles 25 and 26, which protect ...
Specific Performance - Rescission of Agreement – Civil Revision – Delay in execution of sale deed – Suit for specific performance decreed in favor of respondent – Appeals and SLP dismissed – Decree holder’s application to deposit balance amount allowed – Judgment debtor’s application for rescission dismissed – Held, power under Section 28 of th...
Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitione...
Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to ...
State Bank of India (Subsidiary Banks) Act, 1959 - Remuneration Fixation – Writ Petition – Retired Chief Manager appointed as Member, District Consumer Disputes Redressal Forum – Claimed remuneration based on last pay drawn minus pension – State Bank of Patiala held as an extended arm of the Government within the term “Corporation” – Bound by Government ci...
Punjab Regional Town Planning and Development Act, 1995 - Forfeiture of Amount – Writ Petition – Section 45(3) as amended in 2013 – Petitioner surrendered plot – 10% forfeited under amended provisions – Allotment letter issued prior to amendment – Held, Section 45(3) is a substantive provision – Amendment operates prospectively – Forfeiture under pre...
Industrial Disputes - Reinstatement – Appeal – Workman reinstated with 50% back wages – Conviction for embezzlement and misconduct concealed – Management cannot be compelled to retain dishonest employee – Serious charges and conviction – Award of Tribunal and Single Bench judgment set aside – Appeal allowed. [Paras 1-13]
Employment Law - Conce...
Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wron...
Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admissio...