Debt Recovery – Limitation – Condonation of Delay – Section 17 of Securitization Act – Application under Section 17 dismissed by DRT due to lack of power to condone delay – Held, provisions of Limitation Act, 1963 applicable to proceedings under Section 17 in view of Section 24 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 – DRT has ...
Administrative Law – Delay in Departmental Proceedings – Charge-sheet for Allotment Irregularities – Initiation of departmental proceedings 14 years post-incident and 3 years post-discharge in a criminal case – Held, departmental proceedings initiated after such delay cannot be justified, especially when based on identical facts leading to discharge in the criminal case &nd...
Rent Law – Bona Fide Requirement – Conversion from Residential to Non-Residential Use – Petitioners sought eviction of tenants for bona fide requirement of non-residential use – Rent Controller and Appellate Authority dismissed petitions on grounds that residential premises let out for residential use cannot be evicted for non-residential use – Held, word “resid...
Constitutional Law – Equal Pay for Equal Work – Pay Parity – Petitioners recruited as drivers receiving lower pay than juniors despite performing the same work – State's contention to await 6th Pay Commission decision rejected – Held, seniors cannot draw less pay than juniors, violation of Article 14 and Article 39(d) – Step-up of salary of seniors directed....
Punjab Village Common Lands (Regulation) Rules, 1964 - Transfer of Gram Panchayat Land - Condition to set up sugar mill within two years not fulfilled - Transfer cancelled due to non-fulfillment and improper land value assessment - Held, the condition required setting up the sugar mill within two years failing which land to revert to Gram Panchayat - No illegality in cancellation by the state - Pl...
Civil Procedure - Amendment of Plaint - Determining Real Question in Controversy
Amendment of Plaint for Inadvertent Omission – Petitioner sought to amend plaint to include details of an additional piece of land omitted inadvertently – Trial Court dismissed the application due to a delay of over three years and lack of explanation – Held, although petitioner was not ...
Stamp Duty - Deficiency - Time Limit for Action by Sub-Registrar
Deficiency in Stamp Duty - Reference by Sub-Registrar – Petitioners exchanged their land in Jodhpur for land in Sonepat – Transfer deed registered without objection, mutation sanctioned – Sub-Registrar raised objection and made reference for recovery of deficient stamp duty and registration fee more tha...
Mining Law - Surrender of Mining Contract - Refund of Security - Surrender of Mining Contract Due to Infeasibility – Petitioner awarded mining contract through e-auction, deposited security amount, and granted LoI – Survey revealed 50% of the mining area was unsuitable due to afforestation, commercial establishments, cultivation, tube wells, and cremation grounds – Petitioner sou...
Motor Vehicles Act - Compensation - Rash and Negligent Driving - Preponderance of Probabilities
Compensation for Fatal Accident - Preponderance of Probabilities – Deceased suffered fatal injuries in an accident involving a school bus, remained under treatment for five months, and eventually died – Tribunal awarded Rs. 37,400/- but did not link death to accident injuries du...
Land Acquisition Act, 1894 - Interest on Compensation - Entire compensation deposited with the Land Acquisition Collector - Claimants deprived of withdrawing the compensation due to interim orders - Held, deposit was as good as non-deposit since claimants could not withdraw - Interest under Section 34 payable as rights stem from the statute - Interim orders cannot negate statutory rights - Appeals...