Section 8 of the Arbitration and Conciliation Act, 1996 - Reference to arbitration - Non-arbitrable dispute - Validity of arbitration agreement - Scope and interpretation - Whether parties required to be referred to arbitration - Examination of record and relevant law - Held, dispute cannot be bifurcated and referred to arbitration partially, as the entire subject matter of the suit should be subj...
Administrative Law – Recruitment Process – Cut-off Dates – Writ petition filed by the petitioner to allow submission of an application form under the BC-B Ex-servicemen (ESM) category after the cut-off date for submission had passed. The petitioner acquired the required certificate after the cut-off date. Held, cut-off dates in the recruitment process are sacrosanct and must be f...
Service Law – Assured Career Progression (ACP) – Regular Satisfactory Service – Writ petition seeking modification of the date of grant of first ACP from March 1, 2019, to June 25, 2016. The petitioner contended that he completed eight years of regular satisfactory service in 2016 and was entitled to the ACP from that date. Held, imposition of fines as punishments does not consti...
Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.Civil Procedure –Interim Injunction - Revision Petition – Challenge to orders dismissing application for interim injunction – Plaintiffs filed a suit seeking permanent injunction against defendants from interfering with their possession of a residential house – Application for interim injunction filed – Trial...
Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.Civil Procedure –Interim Injunction - Revision Petition – Challenge to orders dismissing application for interim injunction – Plaintiffs filed a suit seeking permanent injunction against defendants from interfering with their possession of a residential house – Application for interim injunction filed – Trial...
Constitutional Law – Writ of Mandamus – Change of Category During Recruitment Process – Writ petition seeking direction to consider the petitioner’s candidature for the post of staff nurse under the Ex-Servicemen (ESM) general category. The petitioner applied in the general category and acquired the ESM certificate after the last date for application submission. Held, a can...
Termination of services during probation period – Appeal and revision – Maintainability – The petitioner’s services as a constable were terminated while on probation. The appellate authority dismissed the petitioner’s appeal on a technical ground, and the respondents contended that the petitioner had an alternative remedy of filing a revision petition. The court exami...
Constitutional Law – Writ of Mandamus – Candidature under EWS Category – Writ petition under Article 226 of the Constitution of India seeking mandamus to direct the respondents to consider the petitioner’s candidature under the Economically Weaker Section (EWS) category for the post of Junior Engineer and to allow participation in the selection process. The petitioner appea...
Service Law - Family Pension - Widow of Deceased Employee - Petition under Article 226 - Second wife denied full family pension - First wife predeceased employee - Note 1 of Rule 6.17(4) invoked incorrectly - Rule applicable only if more than one widow survives - Only one widow at the time of employee’s death - Full pension granted to the petitioner - Petition allowed. [Paras 1-11]
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Punjab Village Common Lands (Regulation) Act, 1961 - Unauthorized occupation of Hadda Rori land - Demarcation of land - Eviction - Delay in demarcation by respondents - Writ petition seeking mandamus for expeditious demarcation and subsequent legal action - Valid demarcation report necessary to establish claim before Competent Authority - Court allows the writ petition and directs empowered Revenu...