Evidence Law - Admissibility of Certified Copies of Public Documents - Certified copy of RoznamchaWaqiati (diary) maintained by the Patwari, in accordance with the Punjab Land Records Manual, is admissible as evidence under Sections 74 and 77 of the Indian Evidence Act, 1872. The diary, being a public document by virtue of Section 151 of the Punjab Land Revenue Act, 1887, fulfills the necessary le...
Constitutional Law – Natural Justice – Supply of Enquiry Report – The failure to supply the delinquent employee with the enquiry report before proposing punishment leads to procedural injustice – The supply of the report is not a mere formality but a requirement of natural justice to enable the employee to defend himself effectively – Denial of the report violates Art...
Maintenance dispute - Sons seeking to quash orders directing monthly maintenance to their aged mother - Writ petition filed under Articles 226 and 227 of the Constitution of India - Sons arguing that they should not be worse off in their own appeal - Claiming lack of means to pay maintenance amount - Petitioners asserting mother should join their home - Alleging lack of bona fide in mother's c...
Service Law - Delhi Police Constable's dismissal for unauthorized absence - Tribunal dismissing Original Application (OA) for lack of merits - Review application filed - Tribunal recalling previous order and relisting OA for re-hearing - Petitioner challenging findings of Enquiry Officer, Disciplinary Authority (DA), and Appellate Authority (AA) - Charges include transfer, false complaint, fai...
Service Law - Promotion of petitioner to the post of Hindi Master - Interpretation of circular and cut-off dates - Denial of promotion found to be wrongful and unjustified - Writ petition allowed - Directions to consider petitioner's case for promotion on the post of Hindi Master in accordance with Punjab State Education Class III (School Cadre) Service Rules 1978 - Petitioner ranked at senior...
Appeal under Section 38 of the Delhi Rent Control Act, 1958 - Challenge to eviction order - Non-consideration of relevant lease agreement clauses and statutory provisions - Non-fulfillment of requirements for sub-tenancy - Lack of written consent and notice - Sub-tenants' lack of locus standi to challenge eviction decree. (Para 23, 28)
Sub-tenancy - Privity of contract and estate with the p...
Appointment of Legal Consultant - Eligibility for Judicial Service - Interpretation of Rule 49 of the Bar Council of India Rules - Functionality Test - Nature of services performed by the legal consultant - Engagement on a contractual basis - Engagement to conduct court cases and appear in courts on behalf of the Central Government - Department of Legal Affairs issuing circular for engagement of l...
Contempt jurisdiction - Filing of a false affidavit - Basis for initiation of action - Persons punished. [Para 49]
Waiver of right to challenge record of rights - Indirect relief sought through alternative means - Not maintainable - No challenge made to record of rights. [Para 50]
Reliance on notings in government file without communication of any order - Inter-departmental communications in...
Constitution of India, 1950 - Appointment of Director of Enforcement - Extension of tenure - Constitutional validity of Central Vigilance Commission (Amendment) Act, 2021 and Delhi Special Police Establishment (Amendment) Act, 2021 - Writ petitions challenging the Acts - Whether amendments violative of Article 14, 21, and 50 of the Constitution - Power of Government to appoint Director of Enforcem...
Eviction suit - Interpretation of Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Whether the provision creates a complete prohibition on filing a suit for eviction within five years of the tenancy or only affects the consideration of the suit and passing of a decree therein - Objective of Section 14(3) is to protect the tenant from eviction for a specified perio...