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...
Taxation Law – VAT on Sale of Flats – Challenge to Validity of Sections and Rules – Developers contest inclusion of land value in VAT – Held, building contracts involving sale of flats include an element of sale of goods – Such contracts are species of works contracts under Article 366(29A)(b) of the Constitution – VAT applicable only on value of goods incorpora...
Excise Duty – Exemption – Appeals challenging rejection of refund for additional excise duty (AED) on High-Speed Diesel (HSD) – Appellant, a 100% export-oriented unit, claimed exemption under notification dated 31.03.2003 – Notification exempted certain duties of excise but did not explicitly cover AED under Finance Act, 1999 – Tribunal held AED was not exempted &ndas...
Public Interest Litigation – Welfare of Senior Citizens – Petition initiated suo motu based on a letter highlighting the issues faced by senior widows and widowers. The court examined the detailed counter affidavit filed by the Government of NCT of Delhi, outlining the management and implementation of pension schemes and financial assistance programs for widows, widowers, and senior ci...
Civil Law – Property Law – Permanent Injunction – Proof of Possession – Plaintiff sought permanent injunction claiming ownership and possession of the suit property – Defendant denied plaintiff's possession, claiming possession of 1/3rd share and others holding 2/3rd share – Both lower courts dismissed the suit, finding that the plaintiff failed to provide c...
Service Law – Retirement Benefits – Employees appointed after establishment of autonomous status of PGIMER but before implementation of Central Government pay scales – Tribunal directed grant of pensionary benefits on Punjab Pay Scale pattern – Audit objection claimed applicability of Central Government pay scales – High Court holds that employees' service conditi...
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,...