Unaided Educational Institutions - Disciplinary Procedures - Judicial Review - Employment Termination
Unaided Educational Institutions - Disciplinary Procedures – Letters patent appeals concerning termination of employees from an unaided educational institution – Held: The Haryana School Education Rules, 2003, provide a detailed disciplinary procedure for unaided education...
Constitutional Law - Equality before Law - Letters Patent Appeal - Appointment of Conductors - Article 14 of the Constitution of India - Petitioners were higher in merit than others who were appointed - Held, it is iniquitous to deny relief to the writ petitioners when similar relief was granted to other candidates lower in merit. The State did not have a license to act in an arbitrary manner. The...
Civil Procedure – Ex-parte Decree – Service of Summons – Revision Petition – Application under Order IX Rule 13 CPC dismissed – Ex-parte decree in suit for recovery – Service not proved – Reports by Process Server not witnessed by any independent person – Court failed to record satisfaction regarding service – Opportunity to lead evidence shoul...
Land Acquisition – Lapse of Proceedings – Section 24(2) of Act, 2013 – Twin Conditions – The Supreme Court held that for land acquisition proceedings to be deemed lapsed under Section 24(2) of the Act, 2013, both conditions of not taking possession and not tendering/payment of compensation must be satisfied – If either condition is not met, the proceedings do not laps...
Right to Travel Abroad - Issuance of LOC - Writ petition challenging the LOC issued against the petitioner by the Bureau of Immigration at the instance of UCO Bank - Held, right to travel abroad flows from Article 21 of the Constitution, and a high threshold is required to deny this right - LOC cannot be issued merely on the grounds of being a willful defaulter without any cognizable offence - Pet...
Industrial Law – Back Wages – Section 33-C(2) of ID Act – The Supreme Court held that the appellant is entitled to full wages from the date of the reinstatement order by the CGIT (18.07.2007) to the date of actual reinstatement (23.09.2013) – The period during which the reinstatement order was stayed cannot be used to deny back wages – The interim order merges with th...
Service Law – Selection and Waiting List – Rule 15 of 1978 Rules – No vested right of the unsuccessful candidate to insist upon consideration in the absence of a rule requiring the preparation of a waiting list – The Supreme Court held that Rule 15 of the 1978 Rules, which provides for an extended list of candidates, does not confer any vested right to a waiting list &ndash...
Land Acquisition – Reference to Court – Limitation – Section 18 of the Act, 1894 – The Supreme Court held that the limitation for making a reference under Section 18 of the Act, 1894, cannot be extended, and Section 5 of the Limitation Act does not apply – However, when the original landowners challenged the acquisition proceedings, which concluded with the dismissal ...
Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – The Supreme Court held that a subsequent purchaser is not entitled to claim lapsing of acquisition proceedings under the 2013 Act – The High Court's decision declaring the acquisition proceedings lapsed due to non-payment of compensation was found unsustainable in light of the Constitu...
Succession Law – Right of Survivorship – Applicability to Scheduled Tribes – Section 2(2) of the Hindu Succession Act – The Supreme Court held that under Section 2(2) of the Hindu Succession Act, the Act is not applicable to members of Scheduled Tribes – Consequently, the female member of a Scheduled Tribe is excluded from claiming a right of survivorship under the pr...