Trade Marks Act – Functioning Without Chairperson – Sustainability – Technical members of the IPAB can function in the absence of a Chairperson – Section 87 enables the senior-most member to act as Chairperson in the event of a vacancy – Technical members, holding legal qualifications and practical legal experience, can adequately function in the Board’s operati...
Writ Petition – Jurisdiction – Real Estate – Appellant seeks writs under Article 32 for various reliefs including cancellation of agreements, refunds, or completion of construction – Supreme Court holds it inappropriate to entertain such petitions under Article 32 due to existence of specific statutory provisions and remedies under the Consumer Protection Act, RERA, and IBC...
Constitutional Law – Right to Marry – Petitioners married without the consent of the woman's family – Woman's father filed a missing person complaint – Police demanded the woman to appear at the police station despite her informing them of her marriage and feeling threatened – Supreme Court held that the consent of family or community is not required once two ...
Punjab Village Common Lands (Regulation) Rules, 1964 – Rule 12(4) – Encroachment and Regularization – Petitioners encroached upon Panchayat land and sought regularization under Rule 12(4) – Competent authority and High Court found illegal occupation exceeding 200 square yards – Regularization limited to 200 square yards, inclusive of constructed and open space –...
Environmental Law – Unauthorized Construction – The appellant constructed a Hotel-cum-Restaurant in the Bus Stand Complex without requisite permissions, in violation of the Forest (Conservation) Act, 1980. The Supreme Court upheld the NGT's findings, directing the demolition of the illegal structure, emphasizing the necessity of strict compliance with environmental laws and the sta...
Constitutional Law – Judicial Review of Speaker's Certification – The Supreme Court addressed whether the decision of the Speaker of the House of People under Article 110(3) of the Constitution to certify a bill as a 'Money Bill' under Article 110(1) is subject to judicial review. The Court held that while the certification by the Speaker is generally conclusive, it is subj...
Tender Process – Review of Technical Bids – Complaint Handling Protocol – Petitioner's technical bid rejected initially – Respondent's representation led to reevaluation and acceptance of their technical bid – Review based on proper protocol stipulated in DNIT – The court found the committee acted within its power under DNIT, and there was no procedural ...
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 - 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...
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...