Taxation Law - Customs Law – Confiscation of Imported Goods – Re-export Permitted – Appeals Dismissed - The appellant challenged the CESTAT's order permitting re-export of substandard Areca Nuts and reducing penalties – Court upheld CESTAT’s decision, noting that the goods were not fit for human consumption as per Indian standards but could serve industrial purpos...
Divorce – Mental Disorder – Section 13(1)(iii) of Hindu Marriage Act – Claim for Divorce Rejected – Appeal Allowed – The appellant-husband sought divorce on the ground that the respondent-wife suffered from schizophrenia, rendering her unsuitable for marital life – Held: Evidence failed to prove that the alleged mental disorder was of such a nature and degree as...
Public Employment – Selection Process – The petition seeks quashing of 10 marks allocated for personal interviews in the 'Van Mitra' recruitment under the Himachal Pradesh Forest Department – The Court held that the incorporation of interview marks was without expert body recommendations or valid reasoning – Noted that the State's earlier notification in 2017 ab...
Insurance Ombudsman – Powers and Jurisdiction – The appellant challenged the judgment of the learned Single Judge, arguing that the Insurance Ombudsman has the authority to direct the insurer to issue a policy at a pre-revised premium rate – High Court analyzed the provisions of Rules 13 and 17 of the Insurance Ombudsman Rules, 2017 – Rule 13 allows the Ombudsman to receive...
Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Cour...
Specific Performance – Sale During Pendency of Suit – Violation of Injunction Order – Appeal Dismissed – The appellant, a purchaser pendente lite, challenged the Trial Court’s decree directing the execution of the sale deed in favor of the respondents/plaintiffs, despite an injunction order restraining the sale – The Court held that the sale executed by the appe...
Compassionate Appointment – Rejection on Grounds of Delay – Appeal Dismissed – Opportunity Granted for Ex-Gratia Compensation [Paras 1–26].
Compassionate Appointment – Claim by Minor Dependent – Delay Beyond Policy Period – Appellant’s father, a Haryana Police constable, died on duty in 1997 – Minor dependent’s claim recorded in Minor&rs...
Delay in Filing Appeal – Section 17 of the SARFAESI Act – Appeal Dismissed - The appellant, a guarantor for a defaulting loanee, challenged the auction sale of his property. He failed to file an appeal within the prescribed 45 days after being granted liberty by the court to approach the Tribunal. The delay of over five months was not satisfactorily explained – Held: The delay in...
Service Law - Promotion – Sealed Cover Procedure – Review Departmental Promotion Committee (DPC) – Petitioner contended that his promotion was denied due to sealed cover procedure despite being clear from disciplinary proceedings on the initial DPC date – Held: Adoption of sealed cover when juniors were promoted, absent pending disciplinary proceedings on the original DPC d...
Labour Law – Preliminary Issues – Domestic Enquiry – Petitioner’s application to decide the issue of violation of principles of natural justice in domestic enquiry as a preliminary issue rejected by the Labour Court – Petitioner argued that this issue should be decided first as it is critical for the adjudication process – Labour Court and respondent opposed, st...