Civil Law - Correction of Date of Birth in Educational Records - Regular Second Appeal against the concurrent findings of fact - Correction of date of birth in matriculation certificate - Held, a student's date of birth can be corrected if proven by valid evidence despite the absence of specific bye-laws allowing such correction - Appeal dismissed - In the present case, the student successfull...
Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...
Education Law - Writ of Mandamus and Certiorari – Petitioner sought release of Class XII results withheld under the category 'Not Eligible' – Held, Clause 42(v) of CBSE Examination Bye-laws, which requires students to clear compartment exams in the first attempt, is valid – No grounds to rewrite the clause – Petitioner's challenge to the clause is legally untena...
Constitutional Law - Writ Petition under Article 226 - Motor Vehicles Act - Cancellation of Permits - Due Process - Petitioners' stage carriage permits cancelled without notice due to non-payment of tax during Covid-19 lockdown - Petitioners admitted tax liability but were not given a chance to explain or pay in lump sum before permits were cancelled - Held, Section 86 of the MV Act requires o...
Election Law - Interference by Courts in Election Matters – The petitioner filed for mandamus to direct cancellation of nomination paper of Respondent No.5 for the post of Panch, alleging fraudulent voter registration – Held, once election process starts, courts should not interfere as per Article 243-O of the Constitution and Section 176 of the Haryana Panchayat Raj Act – Petiti...
Constitutional Law - Writ Petition under Articles 226 and 227 - UGC Regulations - Denial of Benefits of Senior Scale/Selection Grade - Petitioners were Lecturers initially appointed on a temporary basis and later on a permanent basis - Temporary service period not considered for benefits of Senior Scale and Selection Grade - Held, service period during ad hoc/temporary appointment followed by regu...
Service Law - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...
Administrative Law - Arms Licence Cancellation - Writ Petition Seeking Certiorari - Petition challenging orders cancelling arms licence retrospectively and dismissing appeal - Petitioner held arms licence since 2001 and was later convicted and released on probation - Licence cancelled due to conviction - Held, Licensing Authority must provide written reasons for suspension or revocation of licence...
Eviction - Concealment of Facts - Revision Petition - Petitioner challenged eviction order citing non-ownership by respondent - Held, Petitioner concealed filing and withdrawal of SLP before Apex Court - Petitioner's unclean hands disentitled him from relief - Revision Petition dismissed with exemplary costs of Rs.1,00,000 for non-disclosure of material facts [Paras 12, 13].
Judic...
Land Acquisition - Apportionment of Compensation - Regular First Appeal - Appellants contested Reference Court's award of 75% compensation to respondent as tenant - Held, Co-sharer can occupy more than their share as a tenant under other co-sharers - However, respondent failed to prove payment of rent - Reference Court's decision modified, respondent entitled to 1/3rd share of compensation...