Compassionate Appointments – Age Limit and Substitution – Petitioners challenged clauses 3.11 and 3.21 of Government Resolution dated 21/09/2017, which limit the age for compassionate appointments to 45 years and allow for substitution of legal heirs under specific circumstances – Division Bench formed an opinion that the judgment in Dnyaneshwar S/o. Ramkishan Musane v. State of ...
Superannuation Pension – Effective Date of Pension – Retired employees of Bangiya Gramin Vikash Bank challenged the date from which they were granted superannuation pension – Petitioners argued for pension commencement from the next day of their retirement, citing anomalies in the pension regulations and Supreme Court rulings – Court found regulations binding, noted petitio...
Civil Procedure – Non-filing of Written Statement – Defendants failed to file written statement despite court orders – Case proceeded as undefended suit due to non-compliance [Paras 1-2].
Property Ownership and Tenancy – Plaintiff established ownership of multiple properties constituting “Karnani Mansion” – Plaintiff’s right to issue car parking s...
Domestic Violence – Interim Monetary Compensation – Petitioner challenged the order of the 1st Additional Sessions Judge, Srinagar, enhancing interim monetary compensation from Rs. 15,000 to Rs. 31,000 per month – Contention that an appeal under Section 29 of the DV Act against an interim order is not maintainable – Court held that there is no bar on filing an appeal agains...
Public Health – Food Adulteration – Suo motu action to address food adulteration impacting public health – Interim directions issued for implementation of Food Safety and Standard Act, 2006 – Monitoring and sampling of high-risk areas – Establishment of testing infrastructure – Public awareness campaigns to educate about food adulteration and its health impacts ...
Service Law – Dismissal from Service – Forged Educational Certificate – Petitioner challenged his dismissal based on alleged submission of a forged transfer certificate to alter date of birth – Acquitted by the criminal court on the same facts – Disciplinary Authority failed to provide evidence of forgery and did not address objections raised by petitioner – App...
Civil Procedure – Joint Trial – Appeal against common judgment – Trial court dismissed suits for rendition of accounts but allowed recovery suit – Appeals filed against recovery judgment alleging improper trial procedure and non-appreciation of evidence – Held, trial not conducted as per CPC, trial court failed to appreciate evidence, order partly set aside and remand...
Surplus Land – Permissible Area – Non-utilization – The Court held that the land declared as surplus cannot be utilized by the State until the permissible area and surplus area of the plaintiff have been separated and distinctively identified as per Section 14(1) of the Haryana Ceiling on Land Holdings Act, 1972. The proceedings under the Punjab Security of Land Tenures Act, 1953...
Electricity Regulation – Limitation – Refund of Excess Charges – Petitioner (MSEDCL) challenged CGRF orders directing refund of excess AEC and FAC charged – Contention that claims were barred by limitation – High Court held that the cause of action arose upon MERC’s clarification order and complaint filed within two years was timely – Regulation 6.6 of MER...
Administrative Law – Policy Decision – Relocation of Railway Stalls – Petitioner, an allottee of a catering stall at Dadar Railway Station, challenges multiple orders directing the relocation of her stall – Petitioner argues non-application of mind, adverse impact on livelihood, and violation of hygienic conditions – Court upholds the railway administration’s po...