Look-Out Circular (LOC) – Legality – Economic Offence – Petitioner challenged the issuance of an LOC by the ED, contending that he had fully cooperated with the investigation and had been granted anticipatory bail without any travel restrictions – The court held that none of the grounds for continuing the LOC, such as the petitioner being a flight risk or evading trial, wer...
Service Law – Deputation – Requirement of Consent – Article 226 – Rule 11 of Haryana Lokayukta (Functions, Powers, Inquiry and Investigation) Rules, 2008 – Petitioner directed to join as Private Secretary on deputation basis – Deputation requires tripartite consent involving parent department, borrowing authority, and deputationist – Petitioner did not exp...
Prevention of Money Laundering Act (PMLA) – Powers of the ED – Communication to Third Parties – Judicial Review – The Court examined the scope of ED’s authority under Section 66(2) of the PMLA. The petitioner contended that ED overstepped its statutory powers by coercing the petitioner’s customers to file criminal complaints through a questionnaire. However, the...
Civil Law - Public Premises – Eviction of Tenant – Petition under Articles 226/227 of the Constitution – Petitioner challenged the eviction orders, claiming tenancy rights over land owned by the Municipal Committee, Mahendergarh, since 1963-64, and argued that eviction based on non-payment of rent was unjustified as he was willing to pay the arrears. The Court dismissed the petit...
Tender Process – Validity – Technical Bid Requirements – Petitioners challenged the tender process, alleging that the successful L-1 consortium did not meet the required stockholding conditions and that there was no physical inspection of stock as mandated under the e-bid document – Court held that the stockholding requirement was satisfied based on the evidence presented b...
Public Trust Doctrine – Environmental Protection – Application of public trust doctrine to protect natural resources – State's duty to preserve environment for public use and enjoyment – Decision for environmental release of GM mustard hybrid DMH-11 quashed due to procedural lapses and lack of scientific certainty on impacts [Paras 42.10-42.22].
R...
Fiscal Legislation – Constitutional Validity – Sabka Vishwas Scheme – Writ petition challenging Sections 124(2) and 130(2) of the Finance (No. 2) Act, 2019 as ultra vires and unconstitutional – Provisions precluding refund of excess deposits under the scheme – Scheme aimed at reducing legacy litigation and encouraging voluntary disclosure of evaded taxes – Held,...
Constitutional Law - Writ Petition - Suppression of Material Facts - Criminal Antecedents - Petition seeking quashing of verbal orders not to report for duty and preventing replacement by another contractual employee—Petitioner failed to disclose involvement in a criminal case (FIR No. 178 dated 30.03.2017 under Sections 306, 420, and 406 IPC) and custody from 06.04.2017 to 13.09.2017—...
Presumption of Truth in Revenue Records – Dismissal of Writ Petition – Writ petition challenging the appellate authority's decision that overturned the Collector's order declaring the petitioner and proforma respondents as owners of disputed land – The appellate authority found no evidence to substantiate the claim of possession prior to 26.01.1950 – Presumption of ...
Service Law - Annual Increment - Disabled Employee - Petition under Article 226 - Challenge to denial of annual increment due to non-clearance of type test - Petitioner 60% disabled and locomotor disabled - Government instructions grant exemption to handicapped employees from passing type test - Authority failed to consider disability and applicable instructions - Impugned order set aside - Direct...