Industrial Disputes Act, 1947 – Section 11-A – Power of Labor Court to interfere with charges – Applicability and scope – Labor Court has the right to reappreciate the evidence and come to a different conclusion – Charges can be interfered with if necessary. (Para 21)
Labor disputes – Writ jurisdiction – High Court’s supervisory jurisdic...
Haryana Staff Selection Commission - Recruitment for the post of Clerk - Revision of answer key - Challenge to correctness of answer - Expert committee's opinion - Scope of interference by the Court - Timeliness of the petition - High Court dismissed the petition - Appeal filed - Supreme Court precedents considered - Held, once the matter has been examined by experts, the Court is not required...
Invocation of extraordinary jurisdiction under Article 226 – Whether every trivial dispute can be resolved through the extraordinary jurisdiction of the court – Trend of filing writ petitions with imaginary or trivial causes of action should be discouraged.
HSLC Examination 2021 – Evaluation of marks – Guidelines issued for evaluation of theory marks – Pe...
Interpretation of Statutes - Rules of interpretation - Application to Section 17-A of the Prevention of Corruption Act, 1988 - The statute must be read as a whole and each word used by the legislature is required to be assigned a meaning to give a meaningful definition - Words in a statute are used precisely and not loosely - Intention of the legislation predominates while interpreting the statute...
relief must come with clean hands – Petitioners had no title or right to the land they Discretionary relief – Clean hands doctrine – A person seeking discretionary occupied – Court cannot protect or advance an illegality – Petitioners were rank trespassers over government land. [Para 4]
Adverse possession – Applicability – Adverse poss...
Promotion to the post of District Judge based on principle of merit-cum-seniority and passing a suitability test - Gujarat State Judicial Service Rules, 2005 - Recruitment Notice - Compliance with directions in the case of All India Judges' Association and Ors. - Distinction between promotion based on merit-cum-seniority and promotion strictly on merit - Purpose of limited competitive examinat...
Statutory Provisions - Validity - Challenge not raised in writ petition - High Court's examination of validity unwarranted - Presumption of constitutionality in favor of statutory instrument - Lack of specific challenge in writ petition precludes consideration of repugnancy or legislative competence - Writ Court should refrain from issuing directions to ignore statutory provisions without stri...
Constitutional Law - Article 21 - Right to life - Obligation of State to provide convenient access, including ambulance roads, for medical emergencies - Duty of Gram Panchayat to provide road access for emergency medical aid to villagers - Construction of road for an unauthorized occupant - Mandamus sought to quash the direction for road construction - Gram Panchayat resisting the construction - R...
Recovery of excess pension - Pension erroneously fixed as service pension instead of reservist pension - Petitioner retired 50 years ago - Recovery sought to be made after retirement - Whether permissible - Held, recovery from Category-C and D employees or retired employees impermissible - Judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (Supra) applicable - ...
Change in category during the recruitment process - Not permitted: Once a candidate applies under a specific category, they cannot be allowed to change their category during the selection or midway through the recruitment process. The court cited previous judgments and an advertisement condition to support this principle. (Para 6 and 8)
Failure to upload required documents - Consequen...