Income Tax Act – Reassessment – Validity of Sanction – The petitioner challenged the reopening of its assessment under Section 148, asserting that the sanction under Section 151 was granted mechanically, without independent application of mind by the PCCIT. The Delhi High Court held that the approval granted was flawed in law, as it merely used the word "approved" witho...
Writ Petition – Maintainability – Cooperative Society – Petitioners' services terminated by respondent cooperative society registered under the Punjab Cooperative Societies Act, 1961 – Held, society not "State" under Article 12, not amenable to writ jurisdiction – No financial stake or control by the State, no public function performed by society –...
Service Law - Appointment under Sportsperson Category - Validity - Punjab State Civil Services Combined Competitive Examination (PCS) 2009 - Appointment to PCS (Executive Branch) and Excise and Taxation Officer under Sportsperson category - Petitioner contended the illegality of appointments based on the non-affiliation of School Games Federation of India (SGFI) with the Indian Olympic Association...
Service Law - Pensionary Benefits - Delay in Release - Interest - Pensionary benefits including gratuity and leave encashment - Delay in release despite clearance of pending charge sheets - Held, benefits must be released within a reasonable time after retirement or after hurdles are cleared - Petitioner entitled to interest on delayed payment due to unjustified delay by the respondents - Writ pet...
Writ Petition - Forfeiture of Earnest Money - Clerical Error in E-auction Bid - Unjust Enrichment - Article 226 of the Constitution of India - Petitioner submitted a price bid of Rs. 17,900 per quintal instead of Rs. 1,790 per quintal due to a clerical error. Authorities were immediately informed but did not permit rectification, leading to cancellation of allocation and forfeiture of earnest mone...
Right to Education – Continuity of Education – Merger of School IDs – Petitioners, admitted to the Junior Wing of Holy Innocents Public School under the EWS/DG category, were denied admission to the Senior Wing due to different School IDs assigned by the Directorate of Education (DoE) – High Court directed the merger of School IDs of Junior and Senior Wings of schools run b...
Administrative Law - Correction of Name - Article 226 of Constitution of India - Rule 69.1(ii) CBSE Rules - Correction of mother's name in matriculation certificate sought for filling admission forms in colleges supported by relevant documents and affidavit of mother - CBSE denied request on the ground that school records do not support the desired correction - Held, denial unsustainable - Wri...
Mining Law - Auction Methods – Writ Petition – Change from reverse bidding to progressive bidding – State pre-determines costs in reverse bidding – Lowest bid wins contract – Progressive bidding removes cap on sale price – Bidders determine mine value – Higher revenue expected from progressive bidding – Petition dismissed. [Paras 4-5A]
G...
Constitutional Law - Right to Appointment - Articles 14 and 16 - Appointment to advertised posts when vacancies remain unfilled - State cannot arbitrarily refuse to fill vacancies from the merit list - The court held that the petitioner, being the next in order of merit and having participated in the selection process, was entitled to appointment when posts remained vacant. The refusal to appoint ...
Education Law – Admissions – Sanctity of Cut-Off Dates – Technical Snag – Petitioners sought relief for missing the deadline to upload documents and pay fees for nursing course admissions, citing a technical snag – PNRC contested the claim, stating that no technical issues were reported by other institutions and that the petitioners failed to take timely remedial acti...