Real Estate Regulation – Single Member Authority – Validity of Orders – Petition challenged delegation of adjudicatory functions to a single member of the Authority – Held, Section 29 envisages the Authority as a multi-member body; no provision in the Act permits a single member to exercise judicial functions – Regulations 7 and 8 authorizing a single member bench qua...
Public Employment – Equity in Appointment Process – Petitioners contested the appointment of Respondent No. 4, who approached the court after his application was rejected due to incomplete documentation – Held, approaching the court does not place Respondent No. 4 in a better position than other candidates who did not approach the court but were similarly rejected – Relief ...
Rent Law – NRI Landlord – Leave to Contest – NRI landlord sought eviction for settling permanently in Amritsar – Tenant failed to file an affidavit with the application for leave to contest – Held, leave to contest must follow procedure under Section 38(7) – Rent Authority to examine tenant’s entitlement within limited aspect of Section 24(3) – Tenan...
Compromise in Legal Proceedings – Validity of Statements in Court – Landlord filed an eviction application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act for non-payment of rent and personal necessity – Parties settled and recorded their statements before the Appellate Authority – Tenant later sought disposal of the appeal on merits, claiming he wa...
Service Law – Recruitment as Station Supervisor – Eligibility Criteria – Haryana Roadways Service Rules, 1995 and related advertisement required a graduate with Hindi/Sanskrit at Matric level and a minimum of five years' experience in Motor Road Transport Government, Semi-Government or public undertakings for direct recruitment as Station Supervisors (SS) – No requireme...
Service Law – Seniority – Retrospective Effect of Eligibility – Petitioners, declared ineligible initially due to their degree in Electrical and Electronics Engineering, were later held eligible by the court – Petitioners sought to be treated as appointees of 2014 batch, despite actual appointment in 2015 – Held, as per Gurdeep Singh's case, petitioners were eligi...
Constitutional Law – Contempt of Court – Articles 129 and 142 of the Constitution – The Supreme Court has inherent powers as a Court of Record to punish for contempt – These powers cannot be abridged or taken away even by legislative enactment – Comparison of Articles 129 and 142 shows no restriction on the Supreme Court's powers to punish for contempt, unlike cla...
Sabka Vishwas Scheme – Single Declaration for Multiple Show Cause Notices – Rule 3(2) Interpretation – Petitioner contended that a single declaration suffices for a pending consolidated appeal before the CESTAT, as per Rule 3(2) – Held, Rule 3(2) requires separate declarations for each case but does not apply when multiple show cause notices are consolidated into a single o...
Correction of Certificate – CBSE Examination Bye-Laws – Pedantic Approach – Petitioner sought correction of his father’s name from Sukhpal Singh to Sukhpal in CBSE records – Held, CBSE’s rigid adherence to Bye-law 69 and refusal based on school records untenable – Court found CBSE’s refusal without merit, highlighting the certificates' importance...
Recruitment – Validity of Selection Method – Conformance to Service Rules – Petitioner contested the recruitment method used by the Public Service Commission, alleging it deviated from the Punjab Forest (Class II) Service Rules, 1985 – Held, Note to Appendix 'C' allows selection based solely on an interview but does not permit changing the examination pattern as pro...