Ex-Gratia Compensation - Death in Service - Heart Attack - Central Civil Services (Extra-ordinary Pension) Rules - Workmen’s Compensation Act, 1923 - Constitution of India, Articles 226 and 227 - The petitioner, widow of a military farm worker who died of a heart attack during service, sought ex-gratia compensation under the Central Civil Services (Extra-ordinary Pension) Rules. The court he...
Service of Summons - Ex-Parte Divorce Decree - Personal Service Requirement - High Court Rules and Orders - Civil Procedure Code, 1908 - Hindu Marriage Act, 1955 - The appellant challenged an ex-parte divorce decree, arguing she was served notice through a newspaper with limited circulation in her area. The court emphasized that all possible efforts should be made to serve the respondent personall...
Constitutional Law - Right to Peaceful and Pollution-Free Life - No use of loudspeakers or public address systems without written permission, including in religious places - Restrictions apply to noise levels and times, especially during exams - Directions issued for compliance to ensure right to peaceful living - Petition disposed of with mandatory directions.
Constitutional La...
Pensionary Benefits - Delay in Release - Liability - Administrative Department vs. Treasury Department - Interest Award - The petitioner, retired on 30.04.2014, faced delays in receiving pensionary benefits, with payments ranging from three and a half to eleven months late. The court held the administrative department liable for delays in releasing pensionary benefits, rejecting the argument that ...
Child Welfare - Repatriation of Children - Jurisdiction of Child Welfare Committee - Juvenile Justice (Care and Protection of Children) Act, 2015 - Societies Registration Act, 1860 - Income Tax Act, 1962 - Arya Anathalaya, registered and operating in Ferozepur, caring for children from Jharkhand, challenged the directive to repatriate these children. Court upheld the jurisdiction of the Child Welf...
Right to Information - Public Authority - Definition - SGPC, a statutory body established under the Sikh Gurdwaras Act, 1925, is considered a 'public authority' under the RTI Act, 2005. The institutions, though separate legal entities, are offshoots of the SGPC, managed by SGPC and thus also fall under the RTI Act - Petition dismissed.
Service Law - Educational Instituti...
Writ Petition - Eviction of Son and Daughter-in-Law - Senior Citizen's Property - Jurisdiction of Civil Court Barred - Articles 226 and 227 of the Constitution of India - Section 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Petitioner, a senior citizen, sought eviction of his son and daughter-in-law from his house, claiming absolute ownership through a registere...
Landlord-Tenant Relationship - Bona Fide Need - Eviction Order - Mortgage Defense - East Punjab Urban Rent Restriction Act, 1949 - Transfer of Property Act, 1882 - Code of Civil Procedure, 1908 - Tenant claimed the property was mortgaged to him, terminating the landlord-tenant relationship, and possession could only be reclaimed through redemption. Court held that the tenant could not use the mort...
Writ Petition - Forfeiture of Earnest Money - Clerical Error in E-auction Bid - Unjust Enrichment - Article 226 of the Constitution of India - Petitioner submitted a price bid of Rs. 17,900 per quintal instead of Rs. 1,790 per quintal due to a clerical error. Authorities were immediately informed but did not permit rectification, leading to cancellation of allocation and forfeiture of earnest mone...
Service Law - Principles of Natural Justice - Rule 9 of Punjab State Electricity Board Employees Punishment and Appeal Regulations, 1971 - Imposition of Penalty Without Dissent or Further Inquiry - The petitioner, a Senior Executive Engineer, was exonerated by the Inquiry Officer, yet the punishing authority imposed a major penalty without recording any reasons or a dissenting note - Held, the act...