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...
Motor Vehicles Act - Classification of Transport and Non-Transport Vehicles – Petitioner’s vehicles used to ferry employees – Held, there is an intelligible differentia between private and commercial use of vehicles – Vehicles carrying employees for trade/business purposes fall under 'private service vehicle' per Section 2(33) – Such vehicles classified as tra...
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
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...
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...
Rent Law - Amendment of Ejectment Petition - Procedural Fairness – Landlady sought to amend the ejectment petition by including necessary ingredients under Section 13(3)(a)(i)(b)(c) of the East Punjab Urban Rent Restriction Act – Application for amendment dismissed by Rent Controller as it was filed at a late stage after cross-examination and closing of evidence – Revision allowe...
Rent Law - Bona Fide Requirement - Landlord's Right to Eviction – Eviction petition filed in 2010 for the landlord’s sons’ use upheld by Rent Controller and Appellate Authority – Tenant contended property was sold and sons’ needs not genuine due to their marriage and existing businesses – Held, sons dependent on landlord for residence and business – Sa...