Civil Procedure – Partition Suit – Appeal against dismissal of partition suit – Appellants claimed joint possession of property – Respondents asserted property already partitioned via family settlement – Respondents relied on appellants' written statement in an earlier suit acknowledging partition – High Court held appellants bound by earlier admission of pa...
Land Acquisition – Re-determination of Compensation – Application under Section 28-A of the Land Acquisition Act – Petition challenging rejection of application for re-determination of compensation as time-barred – Original award announced on 30.04.1963 – Reference under Section 18 decided on 25.04.1970 – Application for re-determination filed on 03.11.1987 &nda...
Public Premises – Eviction – Appeal against order directing the petitioner to seek remedy before civil court – Panchayat Samiti rented out plot to respondent, who defaulted in rent payment – Collector ordered eviction and imposed damages – Subsequent compromise allegedly executed between Panchayat Samiti and respondent – Panchayat Samiti later denied compromise,...
Land Law – Unauthorized Possession – Allotment Cancellation and Auction – Respondent's father allotted land, failed to pay balance allotment price – Allotment cancelled, fresh auction held, land sold – Respondent's writ petition led to status quo order – Appellants claimed land allotted to them during writ pendency – High Court holds allotment canc...
Employees’ State Insurance Act – Applicability – Definition of Shop – Appeal against the order quashing ESI demand – Respondent-company engaged in banking-like business, securing deposits and returning with interest on maturity – ESI authorities claimed coverage under definition of shop – High Court held that business of banking and insurance falls within ...
Civil Procedure – Jurisdiction – SARFAESI Act – Petition challenging civil court's jurisdiction to entertain suit for prohibitory injunction against bank’s actions under SARFAESI Act – Respondent claimed tenancy and sought to prevent bank from taking possession – High Court held that jurisdiction of civil court barred under Section 34 of SARFAESI Act unless ...
Family Law – Pension – Co-widow's Entitlement – Appeal by co-widow claiming equal share of family pension after husband's death – Appellant married during first wife's lifetime – First wife predeceased husband – Trial court directed equal share of pension to both widows – Appellant entitled to complete family pension after first wife's deat...
Election Law – Limitation for Election Petitions – Application to dismiss election petition filed one day after the expiry of limitation period – Election results declared on 16.05.2014, 45-day limitation ended on 29.06.2014 during court vacation – Petition filed on 30.06.2014 – High Court held that election petition should have been filed within vacation period as co...
Disability Law – Job Reservation – Eligibility and Suitability – Appellants, who are differently-abled with 40% to 50% disability and possess National Trade Certificate in the trade of Lineman, were not recruited despite vacancies – Held, state did not provide factual basis for safety concerns – Authorities directed to reconsider claim and offer appointments – V...
Service Law – Retirement Benefits – Employees appointed after establishment of autonomous status of PGIMER but before implementation of Central Government pay scales – Tribunal directed grant of pensionary benefits on Punjab Pay Scale pattern – Audit objection claimed applicability of Central Government pay scales – High Court holds that employees' service conditi...