Constitutional Law - Writ of Certiorari – Writ petition challenging the communication rejecting the petitioner's claim for Mewat Area Allowance – Petitioner's degree delay due to pending litigation – Supreme Court quashes communication, grants allowance – Delay beyond petitioner's control, allowance entitlement upheld. [Paras 1-9]
Employment Law - E...
Service Law – Compassionate Appointment – Rule 4(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 – Petition for ex-gratia employment – Rule 4(1) restricts eligibility to cases where deceased employee was less than 52 years old at the time of death – Petitioner's father was 56 years old – Petitioner not entitled to...
Arms Act – Renewal and Cancellation of Licence – Quasi-Judicial Decisions – Writ petition challenging the orders canceling the petitioner’s arms licence and dismissing the appeal against the cancellation. The cancellation was based on the petitioner’s involvement in three FIRs, despite acquittal in all cases. Held, the cancellation order and the appellate order were n...
Compensation amount - Deduction of medical reimbursement - Entitlement of claimant - Claimant receiving medical reimbursement under a separate Mediclaim policy from another insurance company - Appellant arguing for deduction of reimbursement amount from awarded compensation - Respondent contending that separate contractual liabilities exist - Contractual liability between claimant's father and...
Claim petition - Legal representatives of victim's claim - Right to pursue claim after death of victim - Similarity drawn to present suit seeking compensation for murder - Liability of defendants to pay compensation extends to other close relatives who have suffered pecuniary loss - Dismissal of suit based on death of plaintiff held unjust - Suit allowed to proceed with legal representative of...
Land Law – Consolidation – Limitation and Jurisdiction – Articles 226 – Sections 22 and 42 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Petition to quash orders providing new passage/rasta to private respondents – Motion for correction made after 49 years – Delay unreasonable – Original rasta provided in consoli...
Family Law - Custody of minor child - Welfare of the child as paramount consideration - Allegations of abandonment and surrender of custody by the biological mother - Interaction with the minor child and his expressed desire to stay with the present caregivers - Confirmation of interim custody to the present caregivers. [Para 1-8]
Prima facie evidence of the purported abandonment of the minor c...
Termination of dealership agreement - Quashing of termination letter - Challenge to guidelines - Prayer not pressed - Petitioners appointed as dealer for sale of LPG in Hoshiarpur - Complaint received against petitioner No.2 for concealing and suppressing facts - Allegation of not being eligible for grant of LPG distributorship - Show cause notice issued - Reply filed - Dealership terminated - Pet...
Income Tax Act, 1961 - Section 4A(b) - Control and management of company - Determination - Principles of law - Control and management must be de facto and not merely theoretical - Domicile or registration of the company irrelevant - Determining factor is where the sole right to manage and control lies. [Para 8]
Income Tax Act, 1961 - Section 147/148 - Reassessment - Escaped income - A...
Service Law - Recruitment Process - Petition under Article 226 - Petitioners appeared in CET for Group-C posts, including VLDA - Failed to achieve qualifying marks - Sought relaxation from CET requirement for skill/written exam - High Court dismisses petition - Requirement of eligibility test upheld as essential to gauge candidates' capability - Petitioners cannot seek exclusion of VLDA posts ...