Motor Vehicle Accident Claims - Determination of Income - Future Prospects – The deceased, Sukhdev Singh, died in an accident on 4.04.2009 at the age of about 40 years – Claimant, his widow, asserted he was an agriculturist earning ₹25,000 per month – Tribunal found no documentary evidence of land ownership or cultivation by the deceased – Income assessed based on minimum...
Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...
Constitutional Law - Judicial Review - Departmental Inquiry – Petitioner, an Additional General Manager, challenged the dismissal from service following a departmental inquiry – Held, judicial review in departmental inquiries focuses on whether proper procedure was followed and principles of natural justice were adhered to – Petitioner received a fair hearing, could lea...
Civil Procedure - Rejection of Plaint - Grounds and Limitations – Petitioner moved an application under Order 7 Rule 11 CPC for rejection of the plaint on the grounds that her husband (defendant No.2) was suffering from a serious mental disorder and could not be sued – Trial Court dismissed the application, stating that the plaint alone is to be considered for Order 7 Rule 11 applicati...
Civil Procedure - Extension of Time for Filing Written Statement - Discretionary Power of Courts – Petitioners’ defense was struck off due to non-filing of the written statement within the prescribed period – Application for recalling the order was also dismissed – Court held that while Order 8 Rule 1 CPC prescribes an upper limit of 90 days to file a written statement, thi...
Service Law - Promotion Quotas Based on Qualifications – Petitioners, diploma holder Junior Engineers, challenged the separate promotion quota for Degree holder Junior Engineers to Sub Divisional Engineer posts – Held, Degree in Engineering is a higher qualification than a Diploma in Engineering – State Government’s policy to earmark a separate quota for Degree holders is j...
Constitutional Law - Right to Information - Privacy vs. Public Interest – Petitioner sought information under the RTI Act, which was denied on grounds of privacy invasion without public interest – Court held that information relating to third parties not involved in public activities or interests, causing unwarranted invasion of privacy, is not required to be disclosed unless justified...
Divorce - Cruelty and Desertion - Practicing Reiki – Husband alleged cruelty and desertion by wife due to her practice of Reiki – Wife contended she learned Reiki for peace of mind – Court held that merely learning Reiki does not constitute cruelty or desertion unless it is shown that the spouse has renounced the world – Petition dismissed as no evidence established that th...
Constitutional Law - Judicial Review of Tax Rules - Validity of Time Limits – Petitioner, a registered dealer under the Punjab Value Added Tax Act, 2005, challenged Rule 20 of the Punjab Value Added Tax Rules, 2005, which mandates a 90-day time limit for claiming back ITC for goods sent for job work – Court held that Rule 20 is not ultra vires Section 13(3) of the Act – Reason fo...
Constitutional Law - Tender Conditions - Judicial Interference – Petitioner engaged in the healthcare sector challenged the minimum turnover requirement of ₹200 crores stipulated in a tender by PGIMER – Held, it is the prerogative of the tendering authority to set eligibility criteria – Court to interfere only if conditions are arbitrary, irrational, or illegal – Turnover...