Service Law - Voluntary Retirement - Qualifying service - Petitioner seeks voluntary retirement from service but the Tribunal rejects the application, holding that the petitioner lacks the required 20 years of qualifying service - Petitioner challenges the rejection before the High Court - Court finds that a letter from the Office of the Assistant Divisional Engineer indicates the petitioner's...
Principles of Natural Justice – Opportunity of Personal Hearing – Violation – Writ Petition filed to set aside a demand order issued under the CGST Act raising a total demand against the petitioner. Petitioner contends that the impugned order was passed in gross violation of principles of natural justice as it was passed without affording an opportunity of personal hearing. [Para...
Capacity determination of Rice Mill – Retrospective application of instructions – Petitioner installed Rice Mill in 2007 – Capacity determined as 4 MT based on 2007 guidelines – Subsequent modification in 2010 disallowing leased land for capacity determination – Respondent re-determined capacity as 2 MT in 2022 – Petitioner challenged the order – Whether 2...
Army Act, 1950 - Sections 39(b), 71, 72, 73, and 120 - Defence Service Regulations, 1987, Regulation 448 - Punishment for absence without leave or overstaying leave - Dismissal from service. (Para 1)
Disciplinary history of the appellant - Habitual defaulter - Analysis of past punishments for unauthorized absence - Court noted several instances of indiscipline prior to the present inc...
Selection of Athletes for International Sporting Events - Scope of Judicial Review – Discretion of National Sports Federation – Exemption from Selection Trials – Wrestling Federation of India (WFI) exempted elite wrestlers (Respondents No.3 & No.4) from selection trials for the upcoming Asian Games to prevent injuries based on their performance in world wrestling events &ndas...
Purpose of granting interlocutory injunction – To protect the appellant against any injury by violation of his/her rights for which he/she could not be adequately compensated in damages recoverable in action if the uncertainty were resolved in his/her favor at the trial – Court must weigh the needs of the parties and determine the “balance of convenience” – Interlocut...
Foreign Exchange Regulation Act, 1973 (FERA) – Sections 9(1)(b) and 9(1)(d) – Violation of – Seizure of cash from petitioner’s cloth store – Show Cause Notices issued alleging contravention of FERA provisions – First Show Cause Notice set aside in appeal – Second Show Cause Notice issued after the first one was set aside – No substantial evidence to ...
Review Proceedings – Scope and Ambit – Distinction from an Appeal: Review proceedings are not by way of an appeal and must be strictly confined to the scope and ambit of Order 47 Rule 1 of the Civil Procedure Code (CPC). An erroneous decision cannot be corrected through a review, as review jurisdiction is limited and should not be used as an appeal in disguise. (Para 5, 7).
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Employment Law – Extension Lecturers – Remuneration – Petitioners, retired eligible teachers, filed a writ petition seeking quashing of Clause/paragraph 11 of the ‘Policy guidelines regarding engaging Eligible Extension Lecturers in Govt. Colleges purely on work requirement basis’, dated 04.03.2020, and direction to pay them monthly remuneration at par with eligible s...
Maintenance and Welfare of Parents and Senior Citizen Act, 2007 - Transfer Deed - Validity - Letters Patent Appeal preferred against the order upholding the decision of the Tribunal declaring a transfer deed void - Appellants contended that certain points were not considered and procedural requirements were not followed - Respondents argued lack of maintenance by the appellants - Court observed th...