Civil Procedure - Amendment of Pleadings - Bona Fide Intention – Petition for amendment of eviction petition and impleadment of Praveen Prakash Kanwal as petitioner No.2 claiming independent landlord status – Held, amendment permissible as long as material pleadings are not altered or substituted and the amendment is bona fide – No mala fide intention found, and amendment necessa...
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...
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...
Civil Procedure - Rejection of Plaint - Exceptional Circumstances – Petitioner's application for rejection of plaint under Order 7 Rule 11 CPC dismissed by Rent Controller – Held, plaint can only be rejected in exceptional circumstances – Court must scrutinize averments in the plaint – Written statement is irrelevant for deciding Order 7 Rule 11 application – Rent...
Constitutional Law - Articles 226 and 227 - Bar Association Elections – Petitioner contested for the post of President in District Bar Association, Kapurthala – Nomination papers invalidated post-election on grounds of cheque alteration – Held, Returning Officer's action of entertaining objection post-election is malafide and illegal – Petitioner should have been grante...
Civil Procedure - Amendment of Written Statement - Proviso to Order 6 Rule 17 – Tenant-petitioner sought amendment of written statement after issues were framed and witnesses examined – Rent Controller dismissed application for lack of due diligence – Held, amendment not permissible post-commencement of trial unless due diligence shown – Petitioner failed to establish inabi...
Arbitration – Award Interpretation – Contractual Terms – The Arbitrator awarded claims for uneconomic utilization of machinery, interest on delayed payments, and pre-reference interest under Section 31(7) of the Arbitration and Conciliation Act, 1996. The High Court set aside certain claims, emphasizing the need to adhere to specific contractual prohibitions. The Supreme Court pa...
Service Law - Unauthorized Absence - Termination of Services - Haryana Police – Regular Second Appeal against the order dismissing the civil suit and first appeal challenging the termination of the appellant's services – Appellant, a Head Constable, claimed unauthorized leave to attend a Public Police Samelan and alleged he was restrained from rejoining duty – Enquiry proceed...
Constitutional Law - Writ of Certiorari – Writ petition challenging the communication rejecting the petitioner's claim for Mewat Area Allowance – Petitioner's degree delay due to pending litigation – Supreme Court quashes communication, grants allowance – Delay beyond petitioner's control, allowance entitlement upheld. [Paras 1-9]
Employment Law - E...
Employment Law - Termination of Temporary Employee - Misconduct Allegations - Requirement for Enquiry - Termination of services of a temporary employee on grounds of alleged embezzlement of Rs.6 without conducting a formal enquiry—Order deemed stigmatic and punitive—Court held that such termination necessitates a formal enquiry to establish misconduct—Absence of such an enquiry r...