Service Law – Recruitment for Lecturer Posts – Advertisement Challenged – Advertisement by State Selection Board prescribing qualification of Master’s degree with 55% marks without NET/Ph.D. for Lecturer posts in Non-Government Aided Colleges – Held: Prescribed qualifications not in consonance with UGC Regulations (2018) or State Government Resolution (1999) which man...
Service Law – Correction of Date of Birth – Limitation – Central Administrative Tribunal Act – Respondent sought correction of date of birth from 01.06.1964 to 02.07.1964 after 23.5 years of service – Application rejected as per DoP&T Office Memorandum due to delay beyond five-year limit – Tribunal allowed application, altering retirement date by 32 days &nd...
Motor Accident – Liability of Insurer – Valid Driving License Established – The appellant/Insurance Company challenged its liability to indemnify the owner on the ground that the driver did not hold a valid driving license at the time of the accident – Held: Driver of the offending vehicle, Tilak Raj, had a valid driving license issued by the DTO Gurdaspur and endorsed by R...
Matrimonial Law - Concealment of Thalassemia Status – Cruelty – Decree of Divorce Upheld – The wife failed to disclose that she was a Thalassemia Minor during premarital discussions, which came to light only when she conceived a child with similar complications – The concealment led to medical and emotional strain in the marital relationship, justifying divorce on grounds o...
Contractual Employment – Non-renewal and Regularization – Petitioners were appointed on a contractual basis with renewals over approximately ten years – Challenge against the decision not to extend their contracts further – Held, petitioners have no right to seek continuation or regularization in absence of a legal or statutory right – Court emphasized the respondents...
Rent Control – Sub-Tenancy – Kudikidappu Rights – Petitioner challenged eviction order claiming kudikidappu rights – Original tenant sub-leased property without landlord’s consent – Land Tribunal dismissed kudikidappu application – Concurrent findings by Rent Control Court and Appellate Authority upheld – High Court emphasized limited scope of revisi...
Landlord-Tenant Dispute – Additional Evidence – Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the tenant on grounds of non-payment of rent and personal necessity – Landlord sought to lead additional evidence by examining a Director of the company after initially closing its evidence – Tenant opposed, citing that this was an ...
Medical Termination of Pregnancy – Minor Victim – Section 3, MTP Act, 1971 – The minor victim sought termination of a 24-week and 5-day pregnancy resulting from rape – Expert medical reports indicated risks to her physical and mental health if the pregnancy continued – Court permitted termination, citing risks of grave injury to her well-being under Explanation-2 of S...
Second Appeal – Substantial Questions of Law – Interpretation of Ownership Rights and Possession – Appellant challenged the decree of mandatory injunction for recovery of possession without a declaration of title – Held: Under Section 100 of CPC, a second appeal lies only if substantial questions of law are involved – No substantial question arises in this case since ...
Date of Birth – Dispute Resolution – Petitioner challenged the order directing completion of pension papers based on the erroneous date of birth – Contention that the correct date of birth is 22.04.1970, making the petitioner only 54 years old – Respondent’s standing order allows for such disputes to be resolved by the Labour Commissioner – Writ petition allowed...