Service Law - Departmental Proceedings vs. Criminal Proceedings – LPA challenging reinstatement after dismissal of peon despite acquittal in criminal case – Departmental inquiry found employee guilty of misconduct – CCTV evidence showed misuse of ATM card – Criminal court acquitted due to lack of evidence – Held, departmental proceedings based on preponderance of prob...
Electricity Law - Entitlement to Electricity Connection - Section 43 of the Electricity Act, 2003 -Writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Punjab State Power Corporation Limited (PSPCL) to release an electricity connection—Dispute between brothers—Petitioner in occupation of premises but existing connection disconnected due to prope...
Land Acquisition – Lapse of Proceedings – Section 24(2) of Act 2013 – High Court wrongly declared acquisition proceedings lapsed – Constitution Bench in Indore Development Authority v. Manoharlal (2020) overruled Pune Municipal Corporation (2014) and Sree Balaji Nagar Residential Association (2015) – Possession taken in 1987, utilized for park – No lapse when po...
Service Law – MACP Scheme – Applicability and Implementation Date – MACP Scheme implemented with effect from 1st September 2008, not 1st January 2006 – MACP Scheme provides financial upgradation to the immediate next grade pay in the hierarchy of the pay bands, not the next promotional post – Decision based on Sixth Central Pay Commission recommendations and governmen...
Arbitration – Appointment of Arbitrator – Lease Disputes – Renewal – Division Bench of High Court erred in rejecting application under Section 11(6) of the 1996 Act for appointment of Arbitrator – Disputes concerning renewal or non-renewal of lease, period of renewal, and rent quantum are arbitrable – Lease deed read as a whole indicates disputes to be resolved ...
Review Jurisdiction – Civil Procedure Code – Scope – Review of judgment permissible only on discovery of new and important evidence, mistake or error apparent on the face of the record, or any other sufficient reason – Successive review petitions not maintainable on same grounds – No new evidence or error apparent demonstrated by respondents – High Court erred i...
Review Jurisdiction – Civil Procedure Code – Scope – Review of judgment permissible on discovery of new evidence, mistake, or error apparent on the face of the record – Second set of review petitions by respondents after first set was dismissed – No new evidence or error apparent shown – High Court erred in entertaining second review petitions – Order set ...
Social Welfare Legislation – ESI Act – Applicability to BCCI – Whether BCCI qualifies as "shop" under the ESI Act – High Court and ESI Court held BCCI's activities to be systematic commercial activities – BCCI's primary objective to promote cricket does not exempt it from ESI Act – Liberal interpretation of "shop" under social welfare...
Environmental Law – Flood Management – Overflooding of Ghaggar Basin – Final Model Study Report by CWPRS, Pune – State Governments of Punjab and Haryana directed to implement recommendations – Periodical stakeholder meetings every four weeks to monitor progress – Ghaggar Standing Committee to report every three months to CWC – CWC to submit report to Supre...
Mining Law – Coal Block Allocation – Wrongful Inclusion – Respondent No.1 (UOI) failed to follow due process, leading to wrongful inclusion of appellant in list of illegal coal block allotments – Appellant followed proper procedure under MMDR Act and MC Rules – UOI's callous approach caused appellant loss and ignominy – Allocation to appellant not through Sc...