Compassionate Appointment - Mode of Recruitment - Held, compassionate appointments do not constitute a mode of recruitment but are provided as a welfare measure to help the deceased employee's family tide over financial crisis. Application for such appointment must be made within one year of attaining majority or securing educational qualification. Petitioner's claim at age 31, long after ...
Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty and Desertion - Held, husband's sweeping allegations of cruelty were unsubstantiated and negated by his own witnesses. Allegations of attempted suicide by wife also not proven. Evidence showed wife willing to reconcile and husband unwilling to accept her back. Appeal dismissed.
Cruelty - Lack of Evidence - Analy...
Arbitration and Conciliation Act, 1996 - Limitation for Filing Objections - Interpretation of Section 31(5) and Section 3 - Held, limitation period for filing objections to an arbitral award begins from the date the award is received by the party at its place of business, not from the date it is put up before the competent authority within the organization.
Arbitral Award - Commenceme...
Sports Policy – Admission to MBBS – Exclusion of International Achievements – Petitioner, a sports person representing India, challenged the issuance of a Sports Gradation Certificate that excluded her international achievements – Court found the Sports Policy dated 10.12.1997 arbitrary for not considering international participation where a sports person represen...
Arbitration Law - Delivery of Arbitral Award - Section 31(5) - Appellant's objections under Section 34 dismissed as time-barred - Objection based on non-receipt of the award due to incorrect address used by arbitrator - Court held that Section 31(5) mandates delivery of signed copy of the award to each party - Non-delivery constitutes non-compliance - Case remanded to District Court to decide ...
Village Common Lands – Conflict between Evacuee Property Act and Punjab Village Common Lands Act – Provisions of 1961 Act prevail over the 1950 Act – Shamilat Deh land vested in Gram Panchayat, not Custodian – 1995 Amendment protects allotments made prior to 9th July 1985 – Allotment in favor of deceased Assa Singh statutorily protected despite subsequent challenges [...
East Punjab Urban Rent Restriction Act, 1949 - Interpretation of 'building' and 'basic amenity' - Revision against interim direction to open locked bathroom - Held, bathroom/toilet considered as basic amenity essential for tenant's use notwithstanding its omission from the rent deed.
Basic Amenities - Tenant's Right to Use Bathroom - Analysis - Held: Notwithsta...
Constitutional Law - Protection of Life and Liberty - Petitioners sought protection of their life and liberty due to threats from private respondents after their marriage - Boy not of marriageable age under Section 5(iii) of Hindu Marriage Act - Court held that the primary issue is the fundamental right to life and liberty under Article 21, which must be protected regardless of the validity of the...
Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty - Held, husband's allegations of cruelty by wife unsubstantiated as no specific incidents or dates provided. Evidence showed husband pressured wife for money and subjected her to physical and mental cruelty. Allegations of desertion by wife meritless as she was forced to leave due to husband's adverse conduct. Divorce de...
Family Law - Divorce - Cruelty - Appeal against divorce decree granted on grounds of cruelty - Wife's contradictory statements and unbecoming behavior - Evidence showed wife used derogatory language, insulted husband and his parents, and made false allegations - Such behavior considered mental cruelty - Appeal dismissed.
Family Law - Evidence and Credibility - Contradictions...