Motor Vehicles Act - Compensation for Death and Injuries - Appeal Against Tribunal Award -Appeal under Sections 166 and 173 of the Motor Vehicles Act—Petitioner insurance company challenged compensation awarded for the death of Hitesh @ Monu and injuries to Kamal in an accident—Argument of false involvement of tractor due to absence of its registration number in FIR dismissed—Dri...
Land Acquisition Law - Enhanced Compensation - Equitable Treatment of Landowners – Petitioner contended that respondent landowner, who did not appeal the compensation award, should not receive the enhanced compensation granted to other landowners in similar circumstances – Held, equitable treatment requires similarly situated landowners to receive similar compensation – Supreme C...
Land Law - Redetermination of Surplus Area - Suo Moto Powers – Financial Commissioner invoked suo moto powers after 11 years to redetermine surplus area – Held, such invocation not permissible once determination has attained finality up to the High Court – Surplus area vested and mutated in favor of the State, utilized, and not available for redetermination – Arbitrary and ...
Administrative Law - Applicability of CPC Rules to Tribunal Proceedings – Tribunal's approach in ignoring specific allegations in Original Application regarding non-communication of subsequent Written Test Notice and interview scheduling, despite written statement's evasive denial, caused prejudice – CPC Rules governing pleadings apply fully to Tribunal proceedings – Evas...
Service Law - Promotion Criteria - Common Seniority List – Petitioners, Senior Scale Stenographers/Reporters, challenged the promotion of Personal Assistants to Private Secretary – Held, Rule 11 stipulates a common seniority list for promotion – Absence of common list violated Rule 11 – Promotions solely from Personal Assistants cadre from 1981 to 1995 deemed arbitrary and ...
East Punjab Urban Rent Restriction Act - Expeditious Procedure - Judicial Review – Rent Act intended to provide special and expeditious procedure – Authorities can devise own procedure free from technicalities, except for Sections 16 and 17 – Basic principles of CPC must be observed – Objection to admissibility of documents should be raised before endorsement – Rent C...
Reservation Law - Scheduled Caste Quota - State Domicile Requirement – Appellant, a resident of Himachal Pradesh, admitted to MBBS course in Punjab under SC quota – SC certificate issued by Himachal Pradesh authorities – Interim relief for continuation of studies declined – Held, benefit of reservation in Punjab available only to SC residents of Punjab – Appellant not...
Service Law - Promotion Post-Acquittal and Exoneration – Petitioner, previously reverted and placed under suspension with two disciplinary proceedings initiated, exonerated in one and punished in another – Acquitted in criminal case on 30.04.2016 – Held, cause of action for seniority, promotion, and re-fixation of pay arises from acquittal date – Respondents directed to rec...
Constitutional Law - Pre-deposit Requirement for Appeals - Validity and Discretion – Petition challenged the requirement under Section 19 of the 2006 Act to deposit 75% of the decretal amount as a precondition for entertaining an appeal – Held, while the validity of Section 19 upheld, the pre-deposit requirement is not mandatory – Court empowered to waive, partially or completely...
Civil Procedure - Closure of Evidence - Court's Duty to Ensure Witness Attendance – Trial Court closed the plaintiff’s evidence despite the plaintiff depositing requisite charges for summoning two official witnesses – Held, it is the court's duty to ensure the presence of official witnesses once requisite charges are deposited – Court should have adopted coercive me...