Village Common Lands - Jurisdiction to Decide Title Suits – The amendment of Section 13-A by Haryana Act No. 9 of 1999 confers jurisdiction to decide original title suits solely on the Collector – Held, orders passed by the Assistant Collector deciding such title suits are without jurisdiction and thus quashed – Assistant Collector’s decision dated 24.09.2016 is a nullity. ...
Family Law – Divorce – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to...
Right of Redemption – Interpretation under SARFAESI Act – Petitioners contended the right of redemption continues till the sale certificate is issued and conveyed. The court held that the amendment to Section 13(8) of the SARFAESI Act does not extinguish the mortgagor's right of redemption until the sale certificate is executed. The court emphasized the continuous applicability of ...
Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...
Constitutional Law – Regularization of Contractual Employees – Writ petition against regularization of ADAs under policy dated 18.03.2011 – Petitioners contended regularization was arbitrary, lacked transparency, and violated constitutional scheme requiring public posts to be filled by best available talent through open competition – Held, policy applied only to certain dep...
Juvenile Justice – Bail – Section 12 JJ Act – Bail to Juvenile Rule, Exceptions Narrow – Juvenile in conflict with law entitled to bail unless falling under specific exceptions – No specific role or injury attributed to appellant – Appellant in custody since 24.07.2019 – Trial likely to be prolonged – Co-accused granted bail – Held: Bail grante...
Service Law - Dismissal without Inquiry – Rape Charges Against Teacher – Appeal against dismissal without inquiry under Article 311(2)(b) of the Constitution of India – Appellant, a teacher, accused of raping two minor girls – Dismissal from service without regular inquiry to prevent trauma and social stigma to minors – High Court upheld dismissal citing Division Benc...
Service Law – Dismissal from Service – Article 311(2)(b) Constitution of India – Sections 451, 354, 376B IPC – Rules 7.2(b) & 3 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 – Teacher accused of raping two minor students – Dismissal without regular inquiry – Apprehension of mental agony and social stigma to minors if subjected to cr...
Financial Law – One Time Settlement (OTS) – Extension of Time – Section 13(2) SARFAESI Act – Article 226 Constitution of India – Petitioner sought extension for payment of balance OTS amount – Respondent-Bank refused extension citing non-discretionary nature of OTS scheme – Held: High Court has jurisdiction to extend OTS period in equitable jurisdiction un...
Service Law - Regularization of Non-Teaching Staff – Letters Patent Appeal – Non-teaching staff of PICTES sought regularization akin to teaching staff – Single Judge granted regularization and pay scale difference for 38 months – Government's denial based on financial constraints found arbitrary and discriminatory – Appeals dismissed. [Paras 1-16]
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