Evidence Law – Electronic Records – Admissibility – Section 65B of the Indian Evidence Act – Conditions for Electronic Evidence – Petitioner's request for voice sample comparison dismissed due to non-compliance with Section 65B requirements – Held, electronic records must be accompanied by a certificate as per Section 65B for admissibility – Petitioner...
Administrative Law – Delay and Laches – Promotion and Seniority – High Court Establishment Rules – Petitioner aggrieved by delay in promotion due to administrative inaction – High Court objects to delay and laches – Held, objections of delay and laches overruled as the fundamental right under Article 14 of the Constitution is breached – Petitioner entitled...
Constitutional Law – Equal Pay for Equal Work – Fixed Monthly Emoluments – Punjab Government’s notification providing only basic pay during probation and excluding probation period from total service held illegal – Held, violative of Articles 14 and 39 of the Constitution – Petitioners entitled to same salary as regular employees. [Paras 24, 27]
Emp...
Excise Law – Liquor License – Renewal – Conditions for Renewal – Petitioners' licenses not renewed for failing to meet the minimum monthly sale of non-alcoholic items as required by Haryana Excise Policy 2018-19 – Held, Rule 13 of the Haryana Liquor License Rules does not confer a right to renewal as a matter of right – Condition for renewal requiring averag...
Administrative Law – Policy Change – Doctrine of Promissory Estoppel – Cash Grant in Lieu of Land – Petition challenging government notification changing the mode of compensation from land allotment to cash grant for war widows and other defense personnel's families – Held, doctrine of promissory estoppel applicable only to applications made within the cutoff date...
Tenancy Law – Eviction – Character of Building – Absence of Zoning Plan – Determination of Building Character – Held, in absence of zoning plan, scheme or notification proving residential or non-residential character of a building, the purpose for which demised premises was let out would determine its character. Here, the building was used for non-residential purposes...
Industrial Disputes Act, 1947 - Section 2(s) - Definition of Workman - Petitioner’s claim rejected on grounds of involvement in selection process and supervisory work with a salary over Rs. 1600/- per month - Held, Management must prove the dominant nature of duties to exclude an employee from the definition of workman - Reliance on a mere statement of the workman is inadequate - Onus is on ...
Punjab Village Common Lands (Regulation) Rules, 1964 - Transfer of Gram Panchayat Land - Condition to set up sugar mill within two years not fulfilled - Transfer cancelled due to non-fulfillment and improper land value assessment - Held, the condition required setting up the sugar mill within two years failing which land to revert to Gram Panchayat - No illegality in cancellation by the state - Pl...
Constitution of India, 1950 - Article 19(1)(g) - Advocates Act, 1961 - Enrolment Requirement - Government servant challenging the condition requiring enrolment with Bar Council for the post of Assistant District Attorney - Held, enrolment as an advocate is necessary as the Assistant District Attorney appears in court as an advocate on behalf of the government - The condition does not violate Artic...
Constitution of India, 1950 - Article 226 - Deterioration of Wheat Stock - Petitioner DFSO held responsible for wheat stock deterioration rejected by FCI - No specific evidence of dereliction of duty by the petitioner - Penalty imposed without substantiation - Held, petitioner was only in a supervisory role and took necessary steps to dispose of the stock - Enquiry initiated solely based on stock ...