Land Dispute - Jurisdiction and Classification - Wakf Property vs. Shamlat Deh - Articles 226 and 227 of the Constitution - Section 5 of the Wakf Act, 1954 - Sections 7 and 11 of the Punjab Village Common Lands (Regulation) Act, 1961 - Revenue entries classifying land as 'Gair MumkinKabaristan' hold precedence over entries of 'Shamlat Deh' in ownership column - Jurisdiction to reso...
Land Law – Ejectment of Tenant – Compensation for Improvements – Appeal against orders of ejectment and dismissal of revision petition – Appellants argued for compensation under Section 70 of Punjab Tenancy Act, 1887 – Argument not raised before authorities or in amended written statement – Held, tenants estopped from raising new issues at belated stage – ...
Service Law - Pension - Daily Wage Service - Regularization - Continuity of Service - New Pension Scheme-Pension - Counting of Daily Wage Service – Civil writ petition under Articles 226 and 227 challenging conditions in the regularization of service – Held: The petitioner, who worked as a daily wager from 01.01.1995 and whose services were regularized in 2014, is entitled to count his...
Appointment of Lambardar - Choice of Collector - Interference by Higher Authorities - Held, the choice of the Collector cannot be lightly interfered with unless there is some perversity or illegality in the order - Collector considered the comparative merits of all candidates - Found respondent no.4 more qualified, younger, and financially stronger - Appointment upheld. [Para 12, 15]
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Employment Law - Termination of Temporary Employee - Misconduct Allegations - Requirement for Enquiry - Termination of services of a temporary employee on grounds of alleged embezzlement of Rs.6 without conducting a formal enquiry—Order deemed stigmatic and punitive—Court held that such termination necessitates a formal enquiry to establish misconduct—Absence of such an enquiry r...
Eviction of Tenants - Definition of 'Residential Building' - Section 13(3)(a)(iv) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 - Words 'residential building' will include and mean 'non-residential building' as well - Held, once residential building includes non-residential building for eviction under Section 13, the same applies to sub-clause (iv) of clause...
Railways Claims Tribunal Act – Appeal against RCT decision – Claim for compensation for the death of a passenger in a railway accident – RCT’s decision based on the location of the deceased’s body and nature of injuries – Appeal allowed and compensation awarded. [Para 1, 7-14]
Factual Matrix – Deceased's accidental fall from a train and su...
Criminal Law – NDPS Act – Procedural Violations – Appeals against conviction under Section 15 of NDPS Act – Prosecution failed to comply with Sections 52 and 52A – Samples not produced before magistrate for certification – Appellants not informed of arrest grounds – Mandatory procedural breaches caused serious prejudice – Appeals allowed, convictions...
Service Law - Regular Appointment - Delay in Verification - Writ petition for regular appointment benefits from date of appointment - Petitioner appointed as PGT Home Science on regular basis, but benefits not given due to delay in experience certificate verification - Held, petitioner entitled to benefits of regular employee - Delay attributable to Department, not petitioner - Petitioner to be tr...
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].
Decision &nda...