Land Acquisition – Compensation – Assessment – Appeal Allowed – Matter Remanded for Fresh Decision – High Court of Himachal Pradesh at Shimla allowed the appeal against the award by the Additional District Judge, Mandi, H.P., in a land acquisition case. The appeal was filed on the grounds that the learned Reference Court ignored critical factors such as the nature of ...
Evidence Law - Admissibility of Secondary Evidence - Civil Writ Petition challenging the dismissal of an application under Section 65 of the Indian Evidence Act, 1872 by the Trial Court - The compromise document dated 27.01.2014, relied upon by the petitioner, was unregistered and unstamped - Held, since the document created rights in immovable property, it required compulsory registration under S...
Civil Procedure – Prohibitory Injunction – Ownership Dispute – Appeal challenging Trial and First Appellate Court judgments dismissing suit for prohibitory injunction – Appellants claimed ownership of disputed site part of Plot No. 212 – Respondent had allegedly opened door and constructed chabutra illegally – Courts found site was shamlat deh (village common la...
Income Tax Act, 1961 – Sections 132, 153A, 153C – Invalid Search and Seizure Proceedings – Quashing of Notices and Assessment Orders - Court examined the validity of search and seizure proceedings and subsequent assessment orders under the Income Tax Act, 1961 – Petitioner challenged the initiation of proceedings, search, and assessment order, asserting lack of authorizatio...
Administrative Law - Jurisdiction of State Commissions – Writ Petition under Articles 226/227 – Petition filed against the Punjab State Scheduled Caste Commission’s order directing the promotion of an employee – Commission directed that respondent be promoted as Senior Executive Engineer – Held, the Commission lacks the authority to issue such directions – Commi...
Public Interest Litigation – Allotment of Industrial Land – Absence of Public Auction – Challenge to GIDC’s allotment of developed industrial plots to respondent No.5 without holding public auction – Petitioner claimed illegal and unauthorized allotment leading to significant public exchequer loss – High Court found allotment violated GIDC's own policy manda...
Employment Law – Challenge of Promotion Order – Regular Second Appeal against judgment of the lower appellate court reversing trial court’s decree favoring appellant’s promotion claim – Appellant, a T-mate, claims seniority and rightful promotion over co-worker promoted by respondent – Lower appellate court found no Irregularity in the promotion process, emphasi...
Arbitration Law – Arbitral Award – Section 37 of the Arbitration and Conciliation Act, 1996 – Appellant challenged arbitral award and Section 34 dismissal – Arbitral award partially allowed claims of claimant based on supplementary agreement – Appellant argued supplementary agreement required state approval, was not granted, and breaches were based on it – Arbit...
Service Law – Acquittal and Departmental Proceedings – Impact of Criminal Acquittal on Disciplinary Actions – Petitioners acquitted in criminal trial seek reinstatement with same rank and benefits – Petition dismissed – Petitioner seeking quashing of the charge-sheet and office order imposing penalties on the petitioners – Petitioners contended that their acquit...
Service Law – Dismissal from Service – Departmental Enquiry – Criminal Charges – Writ Petition challenging the order of dismissal from service based on a departmental enquiry – Petitioner alleged to have amassed assets disproportionate to known sources of income – Enquiry report based on FIR and suspension order without substantial evidence – Held, departm...