Constitution of India, 1950 - Article 226 - Customs Act, 1962 - Section 18 - Major Ports Trusts Act, 1963 - Handling of Cargo in Customs Area Regulations, 2009 - Illegal detention of imported goods - Petitioner imported defective/secondary cold rolled coils - Directorate of Revenue Intelligence (DRI) directed to put the consignment on hold - Despite reminders, no action taken for provisional asses...
State Bank of India (Subsidiary Banks) Act, 1959 - Remuneration Fixation – Writ Petition – Retired Chief Manager appointed as Member, District Consumer Disputes Redressal Forum – Claimed remuneration based on last pay drawn minus pension – State Bank of Patiala held as an extended arm of the Government within the term “Corporation” – Bound by Government ci...
Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitione...
Punjab Regional Town Planning and Development Act, 1995 - Forfeiture of Amount – Writ Petition – Section 45(3) as amended in 2013 – Petitioner surrendered plot – 10% forfeited under amended provisions – Allotment letter issued prior to amendment – Held, Section 45(3) is a substantive provision – Amendment operates prospectively – Forfeiture under pre...
Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to ...
Industrial Disputes - Reinstatement – Appeal – Workman reinstated with 50% back wages – Conviction for embezzlement and misconduct concealed – Management cannot be compelled to retain dishonest employee – Serious charges and conviction – Award of Tribunal and Single Bench judgment set aside – Appeal allowed. [Paras 1-13]
Employment Law - Conce...
Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admissio...
Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wron...
Motor Vehicles Act - "Just Compensation" – Quantum of Compensation – Appeal – Compensation determined based on income of deceased in foreign currency – Income to be considered at the same level even if earned abroad – Tribunal erred by not deducting income tax from income for compensation calculation – Average income for last three years minus income t...
Reservation Law - Scheduled Caste Quota - State Domicile Requirement – Appellant, a resident of Himachal Pradesh, admitted to MBBS course in Punjab under SC quota – SC certificate issued by Himachal Pradesh authorities – Interim relief for continuation of studies declined – Held, benefit of reservation in Punjab available only to SC residents of Punjab – Appellant not...