Contractual Employment – Right to Continue – Policy Decision – ECHS Scheme – Petitioner's contract as a driver under the ECHS was not renewed, and a new recruitment advertisement was issued – Court held that contractual employees have no right to continue against the terms of the contract – ECHS Scheme does not create permanent vacancies; contractual appoint...
Motor Accident Claims – Separate and Distinct Remedies – Section 163-A vs. Section 166 – Simultaneous Proceedings – Remedies under Sections 163-A and 166 of the Motor Vehicles Act, 1988 are independent and separate – Claimants cannot pursue both remedies simultaneously – Section 163-A is based on 'no-fault liability' and applicable for claimants earning ...
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...
Termination of Service – Invalid Qualification – Non-Existing Institute – Petitioner employed as ETT Teacher based on Junior Basic Training (JBT) from Bihar Pradesh Shiksha Parishad, Shripalpur – Institute found non-existent – Petitioner issued charge-sheet and subsequently terminated for lack of necessary qualification – Court held petitioner without minimum qu...
Reservation – Ex-servicemen Category – Lineal Descendants – Punjab Recruitment of Ex-servicemen Rules, 1982 – Appellant contended non-inclusion of LDESM candidates in the shortlist for mains examination was against the rules and advertisement terms – Court held Clause 11 of the advertisement clearly states LDESM candidates considered only if no ESM candidates are avai...
Unauthorized Construction – Regularization – Rule 12(4) – Petitioners constructed houses on Gram Panchayat land – Claim for regularization under Rule 12(4) rejected by Deputy Commissioner – Court held concept of co-sharer does not apply to unauthorized occupation – Rule 12(4) applies to sale of land up to 200 sq. yards only – Petition dismissed [Paras 1-11...
Eligibility Criteria – Sports Category – Competitive Examination – The appellant applied for the Punjab State Civil Services Combined Competitive Examination 2020 under the Sports Persons category and received an admit card accordingly – During scrutiny, his sports certificates did not meet the eligibility criteria as per the Punjab Recruitment of Sportsmen (First Amendment...
Electricity Supply – Applicable Code – NOC Issuance – Petitioners, developers of various residential colonies, sought release of electricity connections as per the supply code applicable at the time of NOC issuance (2007-08) – Court held that the Supply Code, 2014 enables the distribution licensee to insist the developer fulfill updated requirements – Issuance of NOC ...
Medical Registration – Timely Application – Candidate Eligibility – Section 25 of Indian Medical Council Act – Petitioner applied for registration with Delhi Medical Council before the last date for submission of application forms but received the certificate post deadline – Court held that the delay in issuance of the certificate, beyond the petitioner’s contro...
Transfer of Investigation – Judicial Review – Sections 173 and 465 Cr.P.C. – Petition for transferring investigation to CBI or any independent agency due to alleged bias and malice in current investigation – Court held no accused has right to choose investigating agency, but judicial review necessary to ensure fairness – Investigation quashed due to bias and malice, d...