Review Petition - Maintainability - Parties - Impleadment of parties - Whether the review petitioners were necessary parties before the writ court or the appellate court - Validity of office communication challenged in writ petitions - No challenge to seniority list or rights of specific incumbents - Private persons voluntarily impleaded themselves as respondents - Sufficient representation - Revi...
Code of Civil Procedure, 1908 - Section 51 - Execution of decree - Transfer of ownership of attached property - Erroneous process followed by Executing Court - Decree holder seeking transfer and sale of attached property in their name - No participation of decree holder in auction proceedings - No provision for direct transfer of ownership - Impugned order set aside - Case remanded to Executing Co...
Eviction Orders - Alleged encroachment on gair mumkin rasta (pathway) in khasra No. 145 - Petitioners challenged eviction orders issued by Assistant Collector Ist Grade, Rewari, and Collector, Rewari - Reliance on demarcation report - Objections raised by petitioners - Violation of guidelines, ex parte demarcation, failure to ascertain fixed points, and relay them onto the ground. (Para 1-3)
De...
Negotiable Instruments – Presumption and Burden of Proof – Application for leave to appeal against acquittal under Section 138 of the Act – Respondent issued cheque for Rs.2,50,000, which was dishonoured – Respondent claimed cheques were stolen and account was closed – Court held that initial burden is on complainant to prove transaction leading to issuance of cheque ...
Negotiable Instruments – Material Alteration – Appeal against Acquittal – Cheque of Rs.1,30,000 not encashed due to 'Payment Stopped by Drawer' – Allegation of material alteration by adding '1' before Rs.30,000 – Held, material alteration renders instrument void unless made to carry out common intention of original parties – Appellant admitted fi...
Invocation of extraordinary jurisdiction under Article 226 – Whether every trivial dispute can be resolved through the extraordinary jurisdiction of the court – Trend of filing writ petitions with imaginary or trivial causes of action should be discouraged.
HSLC Examination 2021 – Evaluation of marks – Guidelines issued for evaluation of theory marks – Pe...
Industrial Disputes Act, 1947 – Section 11-A – Power of Labor Court to interfere with charges – Applicability and scope – Labor Court has the right to reappreciate the evidence and come to a different conclusion – Charges can be interfered with if necessary. (Para 21)
Labor disputes – Writ jurisdiction – High Court’s supervisory jurisdic...
Haryana Staff Selection Commission - Recruitment for the post of Clerk - Revision of answer key - Challenge to correctness of answer - Expert committee's opinion - Scope of interference by the Court - Timeliness of the petition - High Court dismissed the petition - Appeal filed - Supreme Court precedents considered - Held, once the matter has been examined by experts, the Court is not required...
Customs Act, 1962 - Section 130 - Appeal against order - Final order passed by the Customs, Excise & Service Tax Appellate Tribunal (the Tribunal) allowing the appeal filed by the respondent-assessee - Duty demanded, penalties imposed, and fine redemption ordered - Loss of imported goods during transit - Replacement of lost quantity by the respondent to fulfill export obligation - Non-claiming...
Service Law - Promotion - Educational Qualification and ACRs - Petition challenging promotions of respondent No.2 on grounds of lacking requisite educational qualifications and procedural improprieties in ACR considerations - Court finds respondent No.2 lacked qualifications for feeder cadre posts, including Private Secretary and Assistant Registrar - Petitioner's ACRs not communicated as per ...