Service Law – Disability Pension – Entitlement to Service Element – Petitioner, invalided due to disability acquired during military service, was granted only the disability element of pension – Citing Regulation 183, which includes both service and disability elements in disability pensions, petitioner argued entitlement to the service element for life – Held: As per...
Judicial Immunity – Protection under Judges (Protection) Act, 1985 – The petitioner argued that actions performed under Section 165 of the Land Revenue Code were judicial in nature, entitling him to protection under the Judges (Protection) Act – The Court noted that Additional Collectors are empowered to perform judicial functions per Section 17 of the Code – Held: Petition...
Service Law – Delay in Payment of Leave Encashment and CGEGI – Grant of Interest under Rule 39(3) of CCS Leave Rules and Constitutional Principles – Petition filed by Govt. of NCT of Delhi challenging CAT’s order for interest on delayed release of leave encashment and CGEGI – Respondent retired in July 2022, but leave encashment and CGEGI were disbursed only in Decemb...
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...
Liability of Directors – Section 179 of the Income Tax Act – Natural Justice – Order Set Aside - The petitioner, a director of a private company, challenged the order passed under Section 179 of the Income Tax Act, which held him personally liable for the company's tax dues. The Court held that the petitioner was not afforded an opportunity to prove that non-recovery of the t...
Reservation for Economically Weaker Sections (EWS) – Eligibility for General Category – The petitioners argued that candidates from the EWS category who scored higher than the last candidate in the General Category should be considered for unreserved seats – Held: As per Article 16(6) of the Constitution, EWS reservation is distinct, and candidates selected under this category sh...
Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections &...
Election Law – Cancellation of Elections – Impugned Order – The petitioner challenged the order dated 11.10.2024, which cancelled the elections for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur – The petitioner argued that the order was illegal, arbitrary, and against natural justice – High Court held that the cancellation of ...
Jurisdiction – Criminal Procedure – FIR Quashing – Petitioner challenged the jurisdiction of the CJM, Jammu, to entertain a complaint leading to FIR No.79/2013 – Contended no part of the cause of action arose within territorial jurisdiction of Jammu – Court held CJM lacked jurisdiction under Section 156(3) CrPC as no event occurred within its territorial limits &ndash...
Writ - Land Dispute – Mutation and Title – The petitioner claimed possession of land through Oral Hiba from the Nawab of Obedulla, and the land was recorded in his name after eviction suits and a compromise decree in a civil suit – The Collector, Bhopal, initiated suo motu revision proceedings to cancel the mutation and Nazul No-Objection Certificate (NOC) granted to the petition...