Right to Information Act, 2005 - Public Authority Definition – Letters Patent Appeal – Applicant must prove that the body falls within the definition of a public authority under Section 2(h) – Hospital neither owned, controlled, nor substantially financed by the government – Appeal dismissed – Hospital not a public authority under the Act. [Paras 1-17]
Co...
Constitutional Law - Power of Judicial Review - Jurisdiction of High Courts - National Green Tribunal Act - Judicial Review – The petitioners, farmers, challenged the National Green Tribunal's (NGT) order dated May 19, 2016, which imposed a blanket ban on tree felling in Punjab, affecting the widening and lining of the Bist Doab Canal. The court held that the power of judicial review und...
Electricity Law - Theft of Electricity - Jurisdiction of Authorities - Judicial Review – Petitioner, running a flour mill, challenged the assessment order and demand for theft of electricity and compound charges issued by the Assistant Executive Engineer. The petitioner also sought remedy against the dismissal of his appeal by the Additional District Collector (ADC) on grounds of locus stand...
Constitutional Law - Powers of Registrar - Judicial Review – Petitioners sought quashing of the order dated 22.01.2014 by the Registrar cancelling the registration of the society. The court held that the Registrar has ample powers under Section 5 of the Punjab Self Supporting Cooperative Societies Act, 2006, to refuse and cancel registration if material discrepancies, misfeasance, and misman...
VAT Law - Applicability to Non-Goods Vehicle Transport - Judicial Review – Gold ornaments found in the appellant's possession while traveling by train were penalized for lack of proper documentation under Section 51(2) of the VAT Act. The Tribunal held that the term ‘person’ in the proviso to Section 51(2) included any person selling goods within or outside the State, regardl...
Tax Law - Rectification of Mistakes - Jurisdiction - The petitioner challenged the rectification order of the Tribunal which reversed its previous decision that had allowed a tax refund. The court held that the power to rectify a mistake must be exercised only when the mistake is patent and obvious, not one that requires extensive reasoning or debate. The question of whether an amendment to Rule 2...
Rent Law - Bona Fide Requirement of Landlord - Judicial Review – The petitioner contested the eviction order on the basis that the landlord, who is 74 years old with health issues, lacked bona fide intent to start a business. The court held that the landlord's advanced age and health conditions cannot be grounds to question his bona fide needs. The landlord is the best judge of his needs...
Family Law - Divorce - Grounds of Cruelty and Irretrievable Breakdown - Judicial Review – The husband filed for divorce alleging cruelty and desertion. The trial court granted divorce based on irretrievable breakdown of the marriage. The appellate court held that 'irretrievable breakdown of marriage' is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 19...
Service Law - Selection Criteria - Validity of Appointment - Judicial Review – The appellant's appointment as Assistant Engineer (Electrical) was challenged on the ground that he did not possess the required 60% marks as per the initial advertisement's qualification criteria. The Board's resolution to keep the existing rules in abeyance did not result in the approval of new rules...
Criminal Law - Alternative Remedies - Judicial Review – Petitioners sought a writ of mandamus for an inquiry into alleged embezzlement of Gram Panchayat funds and land grabbing by the village Sarpanch. Held, in cases where a cognizable offence is made out, the proper course is to lodge an FIR under Section 154 of the Cr.P.C. For issues regarding grabbing of Panchayat land, remedies lie under...