Civil Procedure - Amendment of Written Statement - Proviso to Order 6 Rule 17 – Tenant-petitioner sought amendment of written statement after issues were framed and witnesses examined – Rent Controller dismissed application for lack of due diligence – Held, amendment not permissible post-commencement of trial unless due diligence shown – Petitioner failed to establish inabi...
Constitutional Law - Eligibility for Public Service Appointments – Petitioners, employees of Punjab State Power Corporation Limited (PSPCL), claimed eligibility for PCS (Executive Branch) via Register C – Held, employees of statutory Boards/Corporations do not hold civil posts under the State or Union – Boards/Corporations are distinct entities, even if state-owned and controlled...
Civil Procedure - Amendment of Pleadings - Bona Fide Intention – Petition for amendment of eviction petition and impleadment of Praveen Prakash Kanwal as petitioner No.2 claiming independent landlord status – Held, amendment permissible as long as material pleadings are not altered or substituted and the amendment is bona fide – No mala fide intention found, and amendment necessa...
Rent Law - Eviction for Bona Fide Requirement - Personal Necessity – Landlord filed ejectment petition for the bona fide requirement of setting up his son – Concurrent findings by lower courts ordering eviction – Petitioner contended that during pendency of the proceedings, landlord’s son had let out another property – Petitioner's application for amendment under ...
Constitutional Law - Judicial Service - Inter-se Seniority - Quota System - Judicial Review – The petitioners challenged the seniority list dated 24.12.2015 of the Punjab Superior Judicial Service. The primary issue was the inter-se seniority among officers appointed through three sources: promotion from Civil Judges (Senior Division) based on merit-cum-seniority and passing a suitability te...
Land Acquisition Law - Enhanced Compensation - Equitable Treatment of Landowners – Petitioner contended that respondent landowner, who did not appeal the compensation award, should not receive the enhanced compensation granted to other landowners in similar circumstances – Held, equitable treatment requires similarly situated landowners to receive similar compensation – Supreme C...
Land Law - Redetermination of Surplus Area - Suo Moto Powers – Financial Commissioner invoked suo moto powers after 11 years to redetermine surplus area – Held, such invocation not permissible once determination has attained finality up to the High Court – Surplus area vested and mutated in favor of the State, utilized, and not available for redetermination – Arbitrary and ...
Motor Vehicles Act - Classification of Transport and Non-Transport Vehicles – Petitioner’s vehicles used to ferry employees – Held, there is an intelligible differentia between private and commercial use of vehicles – Vehicles carrying employees for trade/business purposes fall under 'private service vehicle' per Section 2(33) – Such vehicles classified as tra...
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
Constitutional Law - Articles 32 and 226 - Res Judicata and Procedural Bars in Writ Jurisdiction – Petitioners filed applications for transferring cases to NGT after similar applications were previously withdrawn – Held, principles of res judicata and CPC provisions apply to writ jurisdiction under Rule 32 of the Writ Jurisdiction Rules – Earlier withdrawal of applications consti...