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...
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...
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...
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...
Motor Vehicles Act - "Just Compensation" – Quantum of Compensation – Appeal – Compensation determined based on income of deceased in foreign currency – Income to be considered at the same level even if earned abroad – Tribunal erred by not deducting income tax from income for compensation calculation – Average income for last three years minus income t...
High Court Judges (Conditions of Service) Act, 1954 - House Rent Allowance – Writ Petition – Entitlement to benefits as admissible to a sitting Judge – Petitioner, retired judge and President of State Consumer Disputes Redressal Commission, denied official residence – Held, entitled to HRA @ Rs. 6000/- per month – Respondent's failure to provide accommodation viol...
Departmental Proceedings – Simultaneous with Criminal Trial – Legal Bar – Petitioner sought to stay departmental proceedings pending conclusion of criminal trial under Sections 186, 332, 353, 506 IPC – Court held there is no legal bar for simultaneous proceedings – Stay can be claimed to ensure defense in the criminal case is not prejudiced but subject to charge being...