Education Law – Bond Requirement – Return of Certificates – Petitioner gained admission in MD course in Physiology under the All India Quota and later secured admission in another institution – Government College, Patiala, refused to return original certificates, demanding ₹15 lakhs as per bond – Held, bond requirement for All India Quota students not stipulated in ...
Police Service – Discharge During Probation – Absence from Duty – Respondent, a probationary police constable, discharged from service for unauthorized absences and habitual absenteeism under Rule 12.21 – Trial Court dismissed respondent's suit challenging discharge, but Additional District Judge set aside discharge for lack of regular inquiry – Held, Rule 12.21 a...
Civil Procedure – Impleadment of Parties – Pending Litigation – Specific Performance – Defendant No.1 executed an agreement for sale of land – Defendant No.1 died and respondents No.1 to 3 were impleaded as legal representatives – Respondents No.1 to 3 sold entire land to respondents No.16 & 17 via two separate sale deeds – Respondents No.16 & 17 s...
Service Law – Termination Without Enquiry – Lecturer – Petitioner, a lecturer in Military Science, was terminated by the college management for alleged willful long absence from duty – Termination order passed without conducting a regular departmental enquiry – Management argued no enquiry needed as termination was during probation period – Held, termination sti...
Public Premises – Eviction – Appeal against order directing the petitioner to seek remedy before civil court – Panchayat Samiti rented out plot to respondent, who defaulted in rent payment – Collector ordered eviction and imposed damages – Subsequent compromise allegedly executed between Panchayat Samiti and respondent – Panchayat Samiti later denied compromise,...
Trade Marks – Jurisdiction and Authority – Appeals under Section 91 of the Trade Marks Act, 1999 against orders passed by Associate Managers of Trade Marks – Issue of whether Associate Managers have the authority to pass quasi-judicial orders – Appellant contended that Associate Managers were neither authorized under the law nor competent to pass such orders [Paras 1-5].
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Service Law – Appointment – Acquittal from Criminal Charges – Petition challenging rejection of appointment to the post of Constable on grounds of past criminal charges – Petitioner acquitted for lack of evidence – Instructions dated 2.7.2007 and 13.11.2007 issued by DGP provide that candidates acquitted on technical grounds may not be considered for appointment &ndas...
Property Law – Rights of Widow – Appellant’s rights in deceased husband’s property ceased upon remarriage – Section 2 of the Hindu Widow’s Remarriage Act, 1856 applied – Court held that remarriage caused widow to lose her rights in the deceased husband’s estate – Estate to devolve upon the next heirs of deceased husband [Paras 17-22].
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Service Law – Selection and Appointment – False Certificates – Petitioners challenged the selection of respondents No. 4 to 6 for the post of Family Welfare Extension Educator on grounds of ineligibility due to lack of required experience – Respondents produced fake experience certificates at the time of application – Evidence showed that one respondent claimed to wor...
Civil Procedure – Withdrawal and Fresh Suit – Formal Defect – Petitioner's application to withdraw suit with liberty to file afresh on the same cause of action was dismissed by the lower court – Suit inherently flawed with incurable defects – Held, court can permit withdrawal with liberty to file afresh if suit likely to fail due to formal defect – Plaintiff...