Service Law – Dismissal of Tehsildar – Proportionality of Punishment – Petitioner, a Tehsildar, dismissed for sanctioning mutation of provincial corpus land to a Church without corruption allegations – Disciplinary proceedings questioned for delay and lack of bribe or corrupt practice charges – Held, dismissal excessive, lacked evidence of financial loss to Government...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
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...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal against decree of divorce granted on grounds of cruelty and desertion – Husband alleged that wife misbehaved, insulted him and his family, and left matrimonial home without informing him – Also alleged that wife aborted child without his consent – Held, acts of cruelty, if any, by the wife stood co...
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...
Service Tax – Penalty for Non-Payment – Appeal against Tribunal's order imposing penalty under Section 78 of the Finance Act, 1994 for delay in depositing service tax – Service tax collected for legal consultancy services, which were not taxable at the time of collection – Appellant deposited the amount after insistence by Revenue – Tribunal held willful suppressi...
Land Acquisition – Re-determination of Compensation – Application under Section 28-A of the Land Acquisition Act – Petition challenging rejection of application for re-determination of compensation as time-barred – Original award announced on 30.04.1963 – Reference under Section 18 decided on 25.04.1970 – Application for re-determination filed on 03.11.1987 &nda...