Service Law - Effect of Censure on Promotion – Petition under Article 226 seeking promotion and restoration of seniority – Petitioner’s promotion delayed due to punishment of censure – Departmental Promotion Committee (DPC) promoted juniors – Held, censure not a valid ground to deny promotion unless prescribed by service rules – Government of India’s clari...
Service Law – Death-cum-Retirement Gratuity (DCRG) – High Court erred in striking down the latter part of Rule 3A – Rule 3A must be read in conjunction with Rule 3, Note 2, and Ruling 3 – These provisions provide for the treatment of DCRG in case of disciplinary or judicial proceedings pending at the stage of retirement – Even in the absence of proceedings, amounts ca...
Service Law – Discharge of Judicial Officer – High Court erred in treating appellant's negligence as misconduct warranting discharge – No continuous illegal orders were passed, only one bail order involved – Enquiry officer improperly acted as a court of appeal, focusing on alleged errors in the bail order – Discharge order deemed punitive as it resulted from disc...
Service Law – Seniority – Determination of Seniority among direct recruits and promotees under the Central Excise and Land Customs Group-C Recruitment Rules, 1979 – High Court upheld seniority list based on indents placed with the Staff Selection Commission (SSC) for direct recruitment – Supreme Court held that actual vacancies must be considered, not merely indented vacanc...
Industrial Disputes - Retrenchment Permission – Writ Petition – Company sought permission to retrench 37 workers due to reduced demand during COVID-19 – Labour Commissioner failed to communicate decision within 60 days – Deemed permission granted under Section 25-N(4) – Court finds no infirmity in the deemed permission – Petition dismissed, legality of grounds f...
Appeal - Limitation – Letters Patent Appeal filed after 1496 days against the order of the writ court – Delay in filing not justified – Second appeal filed on the same judgment after the first appeal was dismissed due to non-removal of objections within the prescribed period – Filing a second appeal on the same cause of action is not permissible – LPA dismissed. [Para...
Land Acquisition - Amendment of Pleadings – Appeal against rejection of application under Order 6 Rule 17 CPC – Amendment sought to challenge 1971 notification and 1979 award after 38 years – Held, such amendment at a belated stage impermissible – Original prayer clause inconsistent with new relief sought – Amendment application and writ petition dismissed. [Paras 1-2...
Trademark Infringement – Ad-interim Injunction – High Court Division Bench erred in allowing an appeal against a Single Judge’s order granting time for filing affidavits and postponing the hearing for ad-interim injunction – Order by Single Judge did not have finality traits, thus not appealable under Clause 15 of the Letters Patent – Division Bench’s order gran...
Judicial Service Examination – Age Limits – Upper age limit for DJS and minimum age requirement for DHJS challenged – Delhi High Court amended the age criteria, leading to candidates becoming ineligible due to examination delays – Supreme Court allowed candidates who would have qualified in 2020 and 2021 to appear for 2022 exams as a one-time measure – For DJS, candid...
Civil Procedure – Rejection of Plaint – High Court erred in rejecting the plaint under Order VII Rule 11 CPC on grounds of limitation and maintainability – Entire plaint must be considered, not isolated averments – Plaint cannot be partially rejected; reliefs are interconnected – Cause of action for permanent injunction can arise when possession is sought to be distur...