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 ...
Reservation Policy – Vertical vs. Horizontal Reservation – Articles 14 and 16 – Petitioners challenged the conversion of Ex-Servicemen reservation from vertical to horizontal and its subdivision among reserved categories – Court held that horizontal reservation, whether overall or compartmentalized, is valid – Conversion aims at equitable distribution and is not arbit...
Teachers Transfer Policy – Weightage of Points – Clause 6 – Petitioners challenged the policy on grounds of discrimination and inaccuracies in the online portal showing vacant posts – Court held the policy aimed at uplifting education standards in higher classes and did not suffer from arbitrariness or discrimination – Emphasized that administrative decisions applicab...
Medical Termination of Pregnancy – Beyond 24 Weeks – Genetic Defect – Section 3(2)(ii) of the MTP Act – Petitioner sought termination of pregnancy at 24 weeks and 5 days due to genetic defect in fetus – Previous child with similar disorder – Permanent Medical Board confirmed fetus likely affected by Metachromatic Leukodystrophy, a neurological disorder – C...
Pension Parity – Private Aided Colleges vs. Government Employees – Articles 14 and 311 – Petitioners, retired teachers from private aided colleges, claimed parity in pension calculation with government employees – Court held teachers of private aided colleges cannot claim parity due to different service conditions and recruitment methods – Non-transferable posts and d...
Regulation of Fee – Private Unaided Educational Institutions – Articles 14, 19(1)(g), 30(1) – Vires of Section 87 of the Punjab Re-Organisation Act, 1966 – Notification extending Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016 to Chandigarh challenged – Requirement for schools to disclose income, expenditure, and balance sheet on website –...
Recovery of Excise Revenue – Arrears of Land Revenue – Punjab Land Revenue Act, 1887 – Section 98 – Petitioner contended that with the abolition of land revenue by the Punjab Land Revenue (Abolition) Act, 1997, recovery of excise revenue as arrears of land revenue is not permissible – Court held that under Section 98 of the Punjab Land Revenue Act, 1887, arrears of la...
Fraud and Nullity – Tribunal Orders – Article 226 of Constitution – Constitutional Court's Duty – Petitioner alleged fraud in obtaining tribunal orders for plot allotment – Court held that orders obtained by fraud are nullity and non-executable – Duty of every court to declare such orders null and void – Mere omission to disclose insignificant facts do...
University Affiliation and Expansion – Prohibited Activities – Section 10 of Haryana Private Universities Act, 2006 – University set up under the Act cannot affiliate colleges, open offshore campuses, or offer distance education – Petitioners sought to expand activities beyond Haryana using changed sponsoring body – Court held such expansion prohibited under Section 1...
Benami Transactions – Exception under Section 2(9)(A) – Dismissal of Application for Rejection of Plaint – Property transferred or held by a person where consideration is paid by another person and held in a fiduciary capacity not a benami transaction – Procedure for declaring a benami transaction outlined in the Act – Mere assertion by petitioner insufficient to abor...