Land Law – Encroachment – Demarcation Reports – Writ petition against orders under Section 7 of Punjab Village Common Lands (Regulation) Act – Petitioner's appeal dismissed without considering demarcation reports showing no encroachment – Held, authorities failed to consider demarcation reports revealing no encroachment on Panchayat land – Impugned orders se...
Fiscal Legislation – Constitutional Validity – Sabka Vishwas Scheme – Writ petition challenging Sections 124(2) and 130(2) of the Finance (No. 2) Act, 2019 as ultra vires and unconstitutional – Provisions precluding refund of excess deposits under the scheme – Scheme aimed at reducing legacy litigation and encouraging voluntary disclosure of evaded taxes – Held,...
Taxation Law – Detention of Goods – E-Way Bill Compliance – Petition challenging penalty imposed under Section 129 of the CGST/SGST Act, 2017 – Goods detained due to incomplete Part-B of the E-Way bill – Intention to evade tax immaterial for imposing penalty under Section 129 – Authorities empowered to detain goods and demand tax and penalty if documents are not...
Landlord-Tenant Law – Material Impairment – Section 13(2)(iii) of Haryana Urban (Control of Rent and Eviction) Act, 1973 – Petitioner sought eviction for non-payment of rent, impairment in value and utility, and nuisance – Rent Controller allowed eviction for material impairment – Appellate Authority dismissed petition – Tenant admitted to opening door and windo...
Negotiable Instruments Act – Presumption under Section 139 – Acquittal – Special Leave to Appeal – The application sought special leave to appeal against the acquittal judgment, arguing that the presumption under Section 139 should apply once the signature on the cheque is admitted. Held: The complainant failed to prove the contentions in the complaint. Without proving the ...
Land Law - Eviction - Lawful Title and Cultivating Rights – Held, the petitioner did not hold any lawful title or lawful cultivating rights over the suit land, except as a lessee or gair marusi. Consequently, no valid question of title ever arose, nor was it required to be determined by the statutory authority. Petition dismissed. [Paras 1-6]
Estoppel - Reserved Liberty Unavaile...
Service Law - Recovery of Excess Payment – Regular Second Appeal against order of lower appellate court setting aside recovery of excess amount paid to employee – Employee’s salary wrongly fixed by the department in 1996, error discovered in 2011, recovery sought – Held that recovery from employee impermissible when no fraud or misrepresentation is involved and when benefit...
Service Law – Definition of Government Schools – Recruitment Criteria – Writ petitions challenging rejection of candidature for not possessing requisite experience in Central/State Government Schools – Petitioners teaching in Adarsh Schools run by Punjab Education Development Board (an autonomous statutory body) – Held, Adarsh Schools do not fall within definition of ...
Service Law – Discrimination in Disciplinary Proceedings – Writ petition challenging discriminatory punishment in disciplinary proceedings – Petitioner awarded stoppage of one annual increment with future effect – Co-delinquent let off without punishment – Held, similar charges necessitate similar treatment – Discriminatory treatment violates Article 14 – ...
Civil Service Law - Regularization of Service - Seniority List vs. Log Book - Appeal challenging the de-regularization of service by relying on the seniority list over a log book. Appellant claimed an earlier date of appointment based on the log book. Held that the log book, being in the custody of the employee and used only for recording certain facts, cannot supersede the seniority list, which i...