Maintenance Allowance – Non-payment – Breach of Protection Order – Interpretation and application of Section 31 of the Domestic Violence Act – Whether non-payment of maintenance allowance amounts to economic abuse and breach of a protection order under the DV Act – Principles of purposive interpretation and mischief rule applied – Objective of the DV Act to prov...
Arbitration Law – Limitation Period – Applicability to Section 11(6) Arbitration and Conciliation Act, 1996 – The Supreme Court examined the applicability of the Limitation Act, 1963 to applications for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court clarified the distinction between the limitation for filing a Section 11(6) ...
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...
Educational Law – Termination of Services – Interim Relief – Section 7-A (12) of Punjab Affiliated Colleges (Security of Services of Employees) Act, 1974 – Petitioner’s services terminated by respondent school – Petition filed before Punjab Educational Tribunal – Interim relief sought and declined due to lack of quorum – Writ petition maintainable bu...
Service Law - Appointment of Lambardar - Age and Educational Qualifications - Authority of Collector - Judicial Review -Appointment of Lambardar - Criteria and Collector’s Authority – Civil writ petition challenging the appointment of Sarabjit Singh as Lambardar – Held: The choice of the Collector regarding the appointment of a Lambardar is to be set aside only in case of pervers...
Non-discrimination in government employments - Denial of promotion to a disabled employee - Promotion rules requiring maintenance of medical category SHAPE-1 - Difference between 'combatised' and 'combatant' personnel - Interpretation of exemption notifications - Legislative intent to protect disabled employees while ensuring safety and security - Denial of promotion not solely bas...
Arbitration Law – Non-Speaking Award – Section 34 – Appeal challenging the arbitral award and its dismissal on the ground that the award was non-speaking and thus invalid. Held: For an award to comply with Section 31(3) of the Act, it must contain reasons supporting the conclusions unless the parties agree otherwise. The absence of reasons constitutes a patent illegality under Se...
Review Petition - Public Purpose - Land Acquisition - New Evidence - Unauthorized Representation-Review Petition - Grounds for Review – Review petition under Article 227 challenging the judgment dismissing the challenge to land acquisition proceedings – Held: Review can be sought only if there is a manifest error or mistake in the judgment. The grounds for review must include new evide...
Juvenile Justice – Bail – Section 12 – The petitioner's bail application was initially rejected solely due to his habit of drinking. Held: The petitioner is entitled to bail as there is no material to show that his release would bring him into association with known criminals, expose him to moral, physical, or psychological danger, or defeat the ends of justice. Bail granted....
Service Law - Reservation Claim Proof - Appeal - Appeal against order granting appointment under EBPGC category despite late submission of certificate - Held, Eligibility qualifications must be possessed by the cutoff date, but proof of eligibility for reservation can be submitted later - Appeal Dismissed, respondent entitled to appointment [Paras 27-29].
Eligibility vs. Proof of Elig...