Service Law - Delhi Police Constable's dismissal for unauthorized absence - Tribunal dismissing Original Application (OA) for lack of merits - Review application filed - Tribunal recalling previous order and relisting OA for re-hearing - Petitioner challenging findings of Enquiry Officer, Disciplinary Authority (DA), and Appellate Authority (AA) - Charges include transfer, false complaint, fai...
Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...
Service Tax – Consulting Engineer vs. Works Contract – Services such as erection, installation, and commissioning of goods at customer sites cannot be classified as consulting engineer services – Tribunal correctly held that such services fall under works contract and are not liable for service tax as consulting engineering – Revenue's appeal dismissed [Paras 2-4].
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Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...
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 ...
Passport - Deletion of spouse's name - Petitioner sought direction to delete the name of her alleged husband from her passport - Petitioner contended that she had not solemnized marriage with the said person and the inclusion of his name was for the purpose of travel, which did not materialize - Respondents accepted notice and undertook to decide on the petitioner's representation and lega...
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 ...