Civil Procedure – Appeal and Delay Condonation – Article 227 – Order 41 Rule 3A CPC – Non-joinder of Necessary Party - Appeal Process – Challenge against the appellate court's order overruling objections related to the maintainability of an appeal filed without a condonation of delay application – High Court upheld appellate court's decision to grant lea...
Administrative Law – Compassionate Allowance and Benefits After Dismissal – Petitioner seeks judicial review of the decision rejecting his claim for compassionate allowance and other benefits following his dismissal from service in 2001 – The petitioner remained inactive for 21 years before initiating legal action – High Court emphasizes the principles of delay and laches, ...
Civil Procedure – Filing of Written Statements – Order 8, Rule 1 CPC – Mandatory Time Limit – Petition challenging trial court orders accepting late filed written statements – Defendants filed written statements beyond the prescribed 120 days from the date of service of summons – Plaintiff argued that such acceptance violates mandatory provisions of Order 8, Rul...
Civil Law – Orders for delisting trucks by Ex-Servicemen Corporation – Challenge in Himachal Pradesh High Court against delisting orders due to concealment of re-employment – Common judgment passed for multiple writ petitions - Orders for delisting trucks – Chairman-cum-Managing Director of HP Ex-Servicemen Corporation delisted trucks owned by petitioners – Concealmen...
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...