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...
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 ...
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...
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 ...
Transfer Order – Quashing – Child Care Leave (CCL) – Competent Authority – Respondent No.5, a Chemist, was granted CCL for 730 days by an unauthorized authority – After availing CCL, respondent No.5 attempted to rejoin at Hisar, which was opposed by the petitioner – Court held the CCL sanction by Engineer-in-Chief invalid as per Government instructions, which re...
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...
Eviction Jurisdiction – Property within Municipal Limits – Haryana Rent Act – Petitioner's property initially outside municipal limits as per sale and rent deeds – Later included in municipal limits by notification – Court held mere mentioning in deeds does not override legal provisions – Jurisdiction determined based on date of filing eviction petition, not...
Election Petition – Maintainability – Petitioners sought to invalidate election results alleging respondents' encroachment on government land – Held, writ petition not maintainable under Article 226 – Proper remedy is an election petition as per Sections 74 and 89(1)(c) of the Punjab State Election Commission Act, 1994 – Writ petition dismissed due to the existenc...
Pension – Inclusion of Work Charge Service – Any employee who has rendered service on work charge/adhoc basis is entitled to count the period of such service towards the total length of qualifying service for pensionary benefits – Respondent's rejection of pension claim on grounds of not having 20 years of regular service set aside – Estoppel principle applied as petiti...