Electricity Law - Entitlement to Electricity Connection - Section 43 of the Electricity Act, 2003 -Writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Punjab State Power Corporation Limited (PSPCL) to release an electricity connection—Dispute between brothers—Petitioner in occupation of premises but existing connection disconnected due to prope...
Constitutional Law - Maintainability of Writ in Contractual Matters - Guarantor’s Petition:Writ under Articles 14, 226, and 227 of the Constitution of India—Maintainability of writ petition by a guarantor in contractual matters—Extension of time under OTS Scheme by the Bank/secured creditor—Held, no absolute bar on entertaining a writ petition in contractual matters—C...
Minority Educational Institutions - Declaration and Jurisdiction – Appeal against the order of the National Commission for Minority Educational Institutions (NCMEI) declaring St. Kabir Public School as a minority educational institution – NCMEI accepted the complaint by the school against the show cause notice issued by Chandigarh Administration – Held, institution not establishe...
Parole - Temporary Release for Medical Reasons – Petition under Section 482 Cr.P.C. seeking parole under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner’s mother seriously ill and hospitalized – Petitioner previously released on emergency parole without misuse – Parole rejected on grounds of apprehension of absconding a...
Civil Procedure – Amendment of Pleadings – Petition for amendment of written statement in matrimonial case. Held, the provisions of Order 6 Rule 17 CPC empower the court to allow amendments at any stage to determine real questions in controversy. Amendments to written statements are granted more liberally than to plaints, especially when they elaborate the defense and are explanatory i...
Motor Vehicles Act – Liability of Insurance Company – Two Driving Licenses – Appeal against liability based on the driver holding two licenses. Held, merely holding two licenses does not invalidate either unless proven fake. Both licenses issued to the driver were valid on the date of the accident, hence, the insurance company remains liable. [Paras 1-8]
Residency Re...
Motor Vehicles Act – Liability of Insurance Company – Delay in Lodging FIR – Appeal against compensation award on grounds of delay in FIR lodging and non-examination of deceased’s father. Held, delay in lodging FIR due to attending injured cannot be fatal. Non-examination of deceased’s father inconsequential as the accident and injuries were established by eyewitness ...
Service Law - Gratuity and Interest - Payment and Refund – LPA challenging Single Bench order allowing interest on gratuity amount from 26.03.2002 to 01.11.2010 – Employee retired in 2001, received gratuity but had to refund it upon opting for the pension scheme – Supreme Court in Allahabad Bank &Anr. vs. All India Allahabad Bank Retired Employees Association ruled employees ...
Service Law - Departmental Proceedings vs. Criminal Proceedings – LPA challenging reinstatement after dismissal of peon despite acquittal in criminal case – Departmental inquiry found employee guilty of misconduct – CCTV evidence showed misuse of ATM card – Criminal court acquitted due to lack of evidence – Held, departmental proceedings based on preponderance of prob...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Anticipatory Bail – Evidence Linking Appellant – Appeal for anticipatory bail under Section 14-A SC/ST Act. Allegation of using objectionable words against a community over the phone, with the audio recording going viral. Held, no evidence linking the appellant to making the audio viral. Bail granted. [Paras 1...