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...
Writ Petition – Maintainability – Alternative Remedy – Demand and Possession Notices – Petitioner-firm challenged demand notice dated 03.07.2019 and possession notice dated 18.09.2019 issued under Sections 13(2) and 13(4) of the SARFAESI Act – Court held that ordinarily, High Court would not entertain a writ petition under Article 226 if an effective alternative remed...
Appointment of Advisors – Constitutional and Statutory Validity – Challenge to Appointment – Petitioners argued that appointment of Prashant Kishore as Principal Advisor to the Chief Minister, Punjab, without advertisement and interviews, violated Article 16(1) of the Constitution – Court held that the position of Principal Advisor is an office, not a post, and is not regul...
Service Regulations – Superannuation Age – AICTE Regulations vs. 1992 Rules – Petitioners, Assistant Professors in Government Colleges, contended their services governed by AICTE Regulations, 2010/2019, which prescribe superannuation age of 65 years with an extension up to 70 years – Respondents applied 1992 Rules setting superannuation age at 58 years – Court held AI...
Employment Contract – Restriction on Job Application – Validity – Government servant’s right to apply for another post restricted for five years by employer – Court held such restriction is valid and not opposed to public policy – Qualified employees' job hopping curbed by such clauses to prevent disruption and financial waste – Selection and training ...
Lease Dispute – Striking off Defence – Order 15 Rule 5 CPC – Tenant's Possession Returned – Petitioner’s defence struck off for non-payment under Order 15 Rule 5 CPC – Possession of leased premises returned, leaving dispute on payable amount – Court held that with possession returned, Order 15 Rule 5 CPC is inapplicable – Striking off defence onl...
Selection Process – Cancellation – Advertisement Error – Recruitment process initiated on 15.12.2018 for Members of District Consumer Forums – Clerical error in minimum age criteria not initially considered an impediment – State Government proceeded without issuing corrigendum – Petitioners' names recommended after proper selection – State’s late...
Ad-valorem Court Fee – Suit for Recovery – Clever Drafting – Order VII Rule 11 CPC – Petitioner's suit styled as one for mandatory injunction and permanent injunction under Specific Relief Act – Claimed recovery of Rs. 6,35,00,000/- for articles allegedly taken by the defendant – Court held that suit is for recovery of money, thus ad-valorem court fee payabl...