Administrative Law - Applicability of CPC Rules to Tribunal Proceedings – Tribunal's approach in ignoring specific allegations in Original Application regarding non-communication of subsequent Written Test Notice and interview scheduling, despite written statement's evasive denial, caused prejudice – CPC Rules governing pleadings apply fully to Tribunal proceedings – Evas...
Constitutional Law - Articles 14 and 16 - Recruitment Standards and Qualifications – Petitioner challenged the selection of respondent No. 4 for the post of Statistical Assistant – Respondent’s Master of Commerce degree lacked Statistics as a required subject – Held, recruitment rules specified Statistics as one of the papers at the Master's or Bachelor's level &nda...
Service Law - Promotion Criteria - Common Seniority List – Petitioners, Senior Scale Stenographers/Reporters, challenged the promotion of Personal Assistants to Private Secretary – Held, Rule 11 stipulates a common seniority list for promotion – Absence of common list violated Rule 11 – Promotions solely from Personal Assistants cadre from 1981 to 1995 deemed arbitrary and ...
Rent Law - Landlord-Tenant Dispute - Impleadment of Third Parties – Petitioner/landlord filed for ejectment of tenant – Respondents No. 1 & 2 filed for impleadment claiming ownership of mortgaged property – Rent Controller allowed application – Held, dispute of ownership should be decided by Civil Court, not Rent Controller – Third-party claiming ownership is not ...
East Punjab Urban Rent Restriction Act - Expeditious Procedure - Judicial Review – Rent Act intended to provide special and expeditious procedure – Authorities can devise own procedure free from technicalities, except for Sections 16 and 17 – Basic principles of CPC must be observed – Objection to admissibility of documents should be raised before endorsement – Rent C...
Constitutional Law - Article 226 - Village Common Lands - Exclusionary Clauses – Petitioner, a village proprietor, claimed the land did not vest in Gram Panchayat under Section 2(g) of the 1961 Act – Land recorded as ‘banjarqadim’ argued not used for common purposes – High Court held, proprietors must establish the land falls under exclusionary clauses (i) to (ix) of ...
Rent Law - Eviction for Bona Fide Need - Grandson's Independent Business – Petitioners, tenants, challenged eviction orders based on landlord’s claim of bona fide need for grandson’s independent shop – Held, working with grandfather and being an income tax assessee does not negate right to independent business – Grandson's need for improved status and separate...
Constitutional Law - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Eviction Proceedings - Judicial Review – The petitioner sought eviction of his daughter-in-law from a house owned by his parents under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The District Magistrate declined the eviction on the grounds of a pending civil suit. T...
Constitutional Law - Administrative Action - Principles of Natural Justice - Judicial Review – The petitioner was granted consent to establish a poultry farm by the Punjab Pollution Control Board. Subsequently, the NOC was revoked without issuing a show cause notice or granting a hearing, citing potential law and order issues due to public protests. The court held that the revocation without...
Agricultural Produce Markets Act - Confiscation and Storage – Writ Petition – Agricultural produce stored without a valid license – Market Committee confiscated the produce under Section 13(1)(b) – Rule 24-B provides procedures for confiscation – Petitioner directed to alternative remedy of appeal under Section 40 – Petition dismissed. [Paras 1-12]
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