Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...
Consumer Law – Real Estate Transaction – Appeal under Section 67 of the Consumer Protection Act, 2019 against NCDRC Order – Supreme Court upheld NCDRC's decision directing refund of Rs. 7,16,41,493 with interest to the respondent for deficiency in service and unfair trade practices – Allegation of double allotment of the flat substantiated, leading to confusion and impr...
Land Acquisition Act, 1894/2013 - Sections 23(1A), 23(2), and 28 - Compulsory Acquisition - Interest and Additional Compensation - Held, in compulsory acquisition, an appreciation price at 12% per annum from the date of notification is payable. Decree holder entitled to benefits under Sections 23(1A), 23(2), and 28. [Para 11]
Arrears Paid in Installments - Interest Calculation - Analy...
Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 - Discretionary Allotment - Legality - Held, discretionary allotments by the Chairman of the Ludhiana Improvement Trust without adherence to the applicable rules are illegal. Allotments were made in gross contravention of the rules, with no power vested in the Chairman to make such allotments. Lower courts&#...
Industrial Law - Challenge to Award - Certiorari Jurisdiction - Industrial Dispute - Proof of 240 Days Work - Writ Jurisdiction of High Court – Petition filed under Articles 226/227 challenging the award of Industrial Tribunal rejecting the petitioner’s claim for reinstatement and benefits. Petitioner failed to provide sufficient evidence of having worked 240 days in the year preceding...
Constitutional Law – Right to Travel Abroad – Impounding of Passport – Violation of Natural Justice – Article 226 of the Constitution of India – Writ petition seeking mandamus for the return of passport impounded by the authorities – Petitioner convicted in a criminal case and serving a sentence of three years – Appeal against conviction pending – Pa...
Civil Law - Presumption of Truthfulness in Revenue Records – Appeal against the First Appellate Court's judgment – Plaintiff-respondent's suit for permanent injunction was initially dismissed by the Trial Court, but decreed by the First Appellate Court on the basis of presumption attached to jamabandi entries – High Court found that presumption of correctness attached to ...
Constitutional Law - Writ Petition - Regularization of Services - Mandamus - Petitioner engaged on daily wages as Pump Attendant sought regularization from 01.02.1996 instead of 01.10.2003, despite claiming fulfillment of eligibility criteria as per the instructions and circulars of 1996. The petitioner's claim was challenged by the State citing previous litigations and misrepresentation. Held...
Examination – Re-evaluation of Answer Sheets – Absence of Provision – Petitioner requested re-evaluation of answer sheets for English language and Criminal Law papers in PCS (JB) 2019 – Court held that re-evaluation is not permitted in absence of relevant rules/instructions – Clause 11 of the advertisement explicitly disallowed re-evaluation – Petition dismissed...
Industrial Disputes Act – Contractual Employees – Retrenchment – Alternative Remedy – Appellants working as Data Entry Operators under Haryana Shehari Vikas Pradhiaran (HSVP) – HSVP is a statutory authority, not a housing apartment – Appellants prima facie covered under definition of "workmen" – Single Judge’s decision to relegate appellant...