Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...
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...
Employee’s Compensation – Jurisdiction – Section 21 – Deceased driver killed during employment – Commissioner at Nuh awarded compensation – Appellant contended lack of jurisdiction as incident occurred in Mathura, UP – Court held jurisdiction valid where dependents reside or employer has registered office – Procedural notice irregularity does not pre...
Recruitment Criteria – HTET Requirement – Transitional Provisions – Petitioners sought exemption from HTET for second recruitment after the notification of the 2012 Rules – Court held that the transitional provision allowed exemption only for the first recruitment post-notification – Petitioners were given several opportunities to qualify HTET in 2017 and 2018 but fai...
Election Law – Rejection of Nomination Papers – Judicial Review – Maintainability of Writ Petition – Petitioner's nomination papers rejected on grounds of illegal occupation of government land – Court held writ petition not maintainable – Election disputes to be addressed through election petitions as per Article 243ZG of the Constitution and Sections 74 and...