Stamp Duty – Agreement to Sell – Possession – The agreements in question did not convey possession of the immovable property, as the plaintiff was already in possession prior to execution – Entry No. 5 (cc) of Schedule 1-A applicable under Punjab Stamp Act requires stamp duty on agreements evidencing delivery of possession – The trial court and High Court's orders...
Service Law – Terminal Benefits – Appellants, former employees of the Research and Analysis Wing, sought terminal benefits and pension after the merger of their posts was retrospectively applied – The Cabinet Secretariat initially reclassified the posts, merging them in a manner that was challenged – Central Administrative Tribunal (CAT) directed for reconsideration and the...
Excise Law – Refund of Duty – Returned Goods – Section 173L of the Central Excise Act, 1944 – For refund of excise duty under Section 173L, the value of returned goods must be considered as the market value of the excisable goods and not the ex-duty or raw material value – Supreme Court held that the Department correctly determined the value of the returned goods at R...
Land Allotment – Disabled Ex-Servicemen – Allotment Cancelled Due to Non-Compliance – Appeal concerns land allotment to a disabled ex-serviceman which was deemed canceled due to non-possession within six months as per Rule 7(4) – Supreme Court emphasizes that inter-departmental communication cannot be treated as a letter of allotment, and claims based on such communication ...
Judicial Service Examination – Procedural Fairness – Appeal challenging the dismissal of a writ petition concerning discrepancies in the written examination for direct recruitment to Punjab and Haryana Superior Judicial Services. The appellant's objections regarding missing questions in the Criminal Law paper, lack of instructions for the General Knowledge paper, and the non-disclo...
Gratuity for Teachers – Constitutional Validity – The appeal addresses the constitutional validity of amendments extending gratuity benefits to teachers with retrospective effect. The Supreme Court upheld the amendments, emphasizing their purpose to rectify the omission of teachers from gratuity benefits and to ensure equitable treatment [Paras 1-22].
Retrospective Legisla...
Service Law – Recovery of Excess Payment – Medical officers received benefits under a 2009 circular later withdrawn in 2012 – No misrepresentation by employees, benefits paid due to department's mistake – Supreme Court held recovery of excess payments with interest unjustified given the department's error – Partial relief granted to appellants, stopping recove...
Service Law – Cancellation of Appointments – Appellants qualified 6th Combined Civil Services Examination 2016, completed probation, and were appointed – High Court annulled appointments due to errors in qualifying marks and merit list preparation – Supreme Court found ambiguity in advertisement and upheld Commission's merit list preparation method – Appointments ...
Pension – Financial Constraints – Revision of Pension – High Court struck down Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, 2009 as arbitrary – Rule allowed revision of pension notionally from 01.01.2006 to 31.12.2008, with actual payment from 01.01.2009 due to financial constraints – Supreme Court found High Court erred in its decision &ndas...
Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...