Seniority – Retrospective Seniority – Regulation 9 – Petitioners appointed as Junior Engineers-II (Electrical) in 2011 sought seniority over those appointed earlier – Held, in absence of rota-quota rule, seniority to be counted from dates of actual appointment – Petitioners, appointed after respondents already in cadre, cannot claim seniority over them even notionally...
Extension of One Time Settlement – Article 226 Jurisdiction – COVID-19 Pandemic – Petitioners sought extension for payment under OTS due to financial difficulties and delay in reimbursement from the Government under the Post-Matric Scholarship Scheme – Court held that Article 226 allows granting of extensions in OTS repayment considering the petitioners’ willingness t...
Motor Vehicle Act – Compensation – Deduction for Financial Assistance – Deceased, employed as Khalasi in Delhi Development Authority (DDA), died in a road accident – Tribunal awarded compensation but deducted Rs.26,67,168/- for financial assistance under Haryana 2006 Rules – Held, deceased was a DDA employee, not covered by Haryana Rules – Deduction erroneous, n...
Eviction – Bonafide Need – Burden of Proof – Landlord sought eviction for settling son and daughter-in-law, claiming no other business space – Held, landlord’s averments of no other space sufficient, tenants must disprove – No need for landlord to prove non-existence of premises if such situation never existed – Landlord’s silence on rear residential...
Contracts Labour (Regulation and Abolition) Act – Employer-Employee Relationship – Reinstatement – Labour Court found that claimants, shown as employees of Contractors, were actually employees of the petitioner company – Registration under the 1970 Act did not specify the nature of work performed by the claimants – Held, Labour Court correctly held claimants as employ...
Covid-19 Pandemic – Holding of Exams – Adherence to Guidelines – Petitioner challenged the University’s decision to hold BDS first-year exams, alleging violation of Covid-19 guidelines – University successfully conducted previous exams with due precautions – Supreme Court in Maghi Devi case upheld conduct of exams with no highlighted deficiencies – Petitio...
Writ Petition – Maintainability – Cooperative Society – Petitioners' services terminated by respondent cooperative society registered under the Punjab Cooperative Societies Act, 1961 – Held, society not "State" under Article 12, not amenable to writ jurisdiction – No financial stake or control by the State, no public function performed by society –...
Contract Law – E-Tender – Revocation of Cancellation – FCI Regional Office scrapped the tender due to less participation and invited fresh tenders – Petitioner challenged the scrapping and served a legal notice – FCI Headquarters revoked the scrapping and decided to proceed with the initial tender – Held, FCI as a statutory body and contracting party has authori...
Temporary Injunction – Joint Ownership – Construction by Co-owner – Petitioners, co-owners in possession, sought to expand existing construction on joint property – Trial and appellate courts issued temporary injunction restraining further construction and alienation – Held, allowing further construction could oust other co-owners and complicate partition proceedings ...
Contract Law – Validity of Agreement – Thumb Impressions and Consideration – Appellant sought specific performance of an agreement to sell, claiming part consideration was paid and the agreement was executed with respondent no.1, who later sold the land to respondents no.2 and 3 – Trial court upheld the agreement's validity based on attesting witness and appel...