Family Pension - Right Under Statutory Rules – Deemed Option – The petitioner, whose husband died on 01.04.1994 while in service with the Municipal Council, Moga, was entitled to family pension under the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 – The petitioner’s husband did not exercise the option within the stipulated four months from the ...
Service Law – Pay and Allowances During Probation – Notification Quashed – Writ petitions challenged notifications and clarifications issued by the State of Punjab, which stipulated that only traveling allowance would be paid during the probation period, and that the probation period would not count towards the time scale applicable to the post – Held, the principle of &quo...
Arms Act – Rejection of Arms License Application – Non-Speaking Order – Writ petition challenging the rejection of an arms license application and the dismissal of the appeal. The rejection was based on the petitioner’s involvement in FIRs, but the order was a pre-printed proforma with mere blanks filled and lacked reasons. Held: Section 17(5) of the Arms Act, 1959, mandate...
Village Common Lands – Jurisdiction – Collusive Transfer – Petition challenging the award passed by the Daily Lok Adalat, Hisar, which approved the exchange of Panchayat land with private land. The exchange was done without the approval of the State Government and without any resolution indicating the benefit to the village inhabitants. Held, the award by the Daily Lok Adalat is ...
Constitutional Law - Appointment of Lambardar – Civil Writ Petition – Quashing of Order – Petitioner sought quashing of Financial Commissioner's order which set aside the Divisional Commissioner's decision and restored the Collector's order appointing Respondent No.4 as Lambardar. Held: The choice of the Collector cannot be lightly interfered with unless there is some...
Service Law – Dismissal from Service – Natural Justice – Writ petition challenging dismissal from service for alleged bribery – Personal hearing conducted by a different officer than the one who passed the final order – Held, principles of natural justice mandate that the officer who hears must also decide – Successor officer had no occasion to hear the petition...
Court Fees – Refund – Compromise and Settlement – Writ petition challenging refusal to refund court fee after settlement of suit – Petitioner-plaintiff filed for possession by specific performance and permanent injunction – Suit dismissed as withdrawn based on compromise – Application for refund of court fee dismissed by lower court – Held, Section 16 of t...
Service Law – Promotion Eligibility – Joint Seniority – Letters Patent Appeal against the order directing reconsideration of promotion cases – Respondents promoted as Senior Assistants from a common seniority list – Appellants contended respondents lacked one year experience as Clerks as per Rule 8(1)(d)(ii) – Held, Rule 11 Note-1 treats Clerks, Steno Typists, a...
Landlord-Tenant Law – Bona Fide Necessity – Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973 – Landlord's prerogative to determine suitability of premises – Tenant cannot dictate how landlord satisfies his need – Petition for ejection on personal necessity presumed genuine – Orders of eviction upheld – Petition dismissed. [Para 9]
...
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...