Administrative Law - Recruitment Examination - Expert Committee Opinion-Expert Committee's Decision in Academic Matters – Appeal against the decision of the Committee of Experts on objections to the recruitment test for Assistant Professors (Physics) – Recruitment test conducted by Haryana Public Service Commission – Objections reviewed by a Committee of Professors – Co...
Motor Vehicles Act - Compensation - Future Prospects - Notional Income- Compensation - Addition for Future Prospects – Appeal for enhancement of compensation due to death of 17-year-old son in a motor accident – Deceased had secured admission to engineering colleges and NDA – Tribunal assessed notional income at Rs. 15,000 per annum and awarded compensation without future prospec...
Property Law - NRI Landlord - Eviction Petition - Section 13B of East Punjab Urban Rent Restriction Act Landlord-Tenant Relationship - Ownership and NRI Status – Revision against order declining leave to contest and allowing eviction under Section 13B – Landlord, settled in USA, filed eviction petition for premises in Chandigarh – Ownership established through sale deed executed ...
Punjab Agricultural Produce Markets Act - Market Fees - Vires of Rule 29(7): Petition challenging Rule 29(7) of the Punjab Agricultural Produce Markets (General) Rules, 1962 - Rule deemed agricultural produce bought or sold in a market area if agreement, weighment, or delivery occurred there - Held, Rule 29(7) ultra vires as it exceeds the authority granted by Section 23 of the Act by expanding de...
Disability Pension - Arrears and Interest - Recurring Cause of Action: Appeal challenging the restriction of arrears to 38 months prior to filing the petition - Held, cause of action for disability pension is recurring - Appellant entitled to full arrears from the date of liability without interest due to delay in claim - Single Bench decision modified to provide full arrears without interest. [Pa...
Civil Procedure - Recall of Witness - Inherent Powers of Court: Petition to recall plaintiffs' witness for cross-examination after evidence closed - Alternative relief sought to present questions to the trial court for determining their relevance - Held, recalling of witness can be permitted under inherent powers of the court if justified - Petition allowed with direction to trial court to ass...
Punjab Panchayat Election Rules - Recounting of Votes - Malpractice Allegations: Appeal against the Election Tribunal's decision to recount votes for the Sarpanch election - Initial result declared appellant as elected - Recount revealed discrepancies, including a significant increase in rejected votes, leading to the respondent being declared elected - Held, recount was ordered without valid ...
Motor Vehicles Act - Compensation - Enhancement: Appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal (MACT) for injuries resulting in amputation and permanent disability - Held, Tribunal's award modified - Claimant entitled to enhanced compensation based on loss of earning capacity, pain and suffering, loss of amenities, and cost of a prosthetic limb - Compensa...
East Punjab Urban Rent Restriction Act - Eviction - Bona Fide Necessity: Petition challenging eviction on the ground of bona fide necessity under Section 13 of the Act - Age of landlord (75 years) not a bar for seeking eviction for personal use - Landlord's ability to handle business upheld in absence of evidence of physical infirmity - Tribunal and Appellate Authority's findings of bona f...
Tender Law - Rejection of Technical Bid - Clause 5(b)(II) MTF - Authority to Bind Firm - The court upheld the rejection of the petitioner's technical bid by FCI for non-compliance with Clause 5(b)(II) of the MTF, which required the Digital Signature Card (DSC) holder to produce a Power of Attorney stating he has the authority to bind the firm in all matters pertaining to the contract. The Powe...