State Bank of India (Subsidiary Banks) Act, 1959 - Remuneration Fixation – Writ Petition – Retired Chief Manager appointed as Member, District Consumer Disputes Redressal Forum – Claimed remuneration based on last pay drawn minus pension – State Bank of Patiala held as an extended arm of the Government within the term “Corporation” – Bound by Government circular – Petition allowed – Impugned orders set aside – Directions to fix honorarium as per last pay drawn minus pension. [Paras 1-18]

Remuneration of Retired Employees - Definition of Corporation – Analysis – State Bank of Patiala, a subsidiary of State Bank of India established under a Central statute, falls within the term “Corporation” – Employees of such Corporations covered under Government circular for remuneration fixation – Petitioner's claim for remuneration as per last pay drawn minus pension valid. [Paras 8-15]

Government Policy - Clarification of Terms – Circular by Government of Punjab – Remuneration of Members from judicial or government jobs – Includes those from Corporations and Public Sector Undertakings – Petitioner's appointment and remuneration fixation fall within the clarified terms – Compliance required. [Paras 5-7, 15]

Decision – Petition Allowed – Orders declining remuneration fixation set aside – Directions to release financial benefits based on last pay drawn minus pension – Action to be taken within three months. [Paras 16-18]

Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitioners' qualifications from ISO certified institutions not equivalent to those prescribed – Petition dismissed. [Paras 1-26]

Expert Opinion on Qualifications – Analysis – Qualification equivalence and recognition fall within the domain of experts – Courts to avoid interference unless clear statutory violations – Expert committee findings upheld – Qualifications from ISO certified institutions not recognized as equivalent to government-approved diplomas. [Paras 18-20]

Statutory Rules vs Advertisement – Prevailing Criteria – Statutory rules prescribe qualifications from government-recognized institutions – Advertisement stipulating recognized university or institution must align with statutory rules – Petitioners' failure to show equivalence to government-recognized diplomas – No right to compel recognition of ISO-certified qualifications. [Paras 19-21]

Alleged Discrimination and Equal Treatment – Equitable Argument – Instances of other candidates with similar qualifications being treated as eligible do not justify perpetuating irregularities – Courts cannot mandate equality in illegality – Each case evaluated on its own merits within statutory framework. [Paras 23-25]

Decision – Petition Outcome – Petitioners ineligible based on statutory qualifications – No merit found in pleas for equivalence or discrimination – Petitions dismissed. [Paras 25-26]

Punjab Regional Town Planning and Development Act, 1995 - Forfeiture of Amount – Writ Petition – Section 45(3) as amended in 2013 – Petitioner surrendered plot – 10% forfeited under amended provisions – Allotment letter issued prior to amendment – Held, Section 45(3) is a substantive provision – Amendment operates prospectively – Forfeiture under pre-amended Section 45(3) set aside – Matter remanded to determine appropriate quantum of forfeiture. [Paras 1-16]

Substantive Law vs Procedural Law – Analysis – Section 45(3) imposes financial implications on bidders – Substantive provision affects rights and obligations – Amendments to substantive provisions apply prospectively unless expressly stated otherwise – No retrospective application intended for amended Section 45(3). [Paras 9-11]

Contractual Obligations – Bidders' Expectations – Financial bids structured based on forfeiture provisions – Substantive changes impact financial decisions – Bidder considerations include forfeiture risks – Authorities must consider facts of each case to determine appropriate forfeiture under pre-amended provisions. [Paras 10-12]

Decision – Petition Outcome – Impugned orders forfeiting 10% of the amount set aside – Case remanded to Revisional Authority – Authorities to determine quantum of forfeiture based on facts and circumstances – Petitioners to be heard. [Paras 16]

Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to receive compensation and damages, if any, sustained – Petition dismissed. [Paras 1-9]

Land Use and Compensation – Analysis – Laying of power transmission lines under specialized and technical decisions – No acquisition of land; only right of user – Hearing not required under the Indian Telegraph Act – Landowners entitled to compensation for any damage – Project progress and infrastructure development prioritized. [Paras 7-9]

Judicial Precedents – Application – Reference to Division Bench judgment of Nagpur Bench of Bombay High Court and Andhra Pradesh High Court – Consistent judicial stance on non-requirement of hearing for laying power lines – Owners' right limited to compensation – No judicial interference in ongoing infrastructure projects as per precedents. [Paras 7, 9]

Decision – Petition Outcome – Technical and specialized nature of power line routing upheld – Practicality of hearing landowners for extensive routes dismissed – Petition without merit and dismissed. [Para 9]

Industrial Disputes - Reinstatement – Appeal – Workman reinstated with 50% back wages – Conviction for embezzlement and misconduct concealed – Management cannot be compelled to retain dishonest employee – Serious charges and conviction – Award of Tribunal and Single Bench judgment set aside – Appeal allowed. [Paras 1-13]

Employment Law - Concealment of Conviction – Analysis – Workman concealed conviction during proceedings – Misled Tribunal and Court – bligation to disclose all relevant information – Concealment shows disrespect for legal process – Plea for equity by workman unfounded. [Paras 7-8, 11]

Decision – Appeal Outcome – Conviction of workman upheld by higher courts – Employer not liable to retain dishonest employee – Impugned orders of reinstatement with back wages set aside – Appeal allowed. [Paras 12-13]

Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]

Evidence - Recovery of Material Objects – Analysis – Failure to recover liquor bottle and steel tumbler alleged to contain poison – No direct evidence linking appellant to administering poison – Testimonies of prosecution witnesses and documentary evidence do not conclusively prove guilt – Investigative lapses noted – Benefit of doubt extended to appellant. [Paras 8, 18, 22]

Decision – Appeal Allowed – Conviction and sentence by trial court set aside – Appellant acquitted of charges due to lack of sufficient evidence – Bail bond discharged. [Paras 23-24]

Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admission of charges – Inquiry Officer must conduct ex parte proceedings and record evidence – Proposal for termination based on such inquiry rightly declined – Petition dismissed. [Paras 1-19]

Disciplinary Proceedings - Ex Parte Inquiry – Procedural Requirements – Analysis – Absence of charged employee does not absolve Inquiry Officer from obligation to collect and record evidence – Findings based on non-participation without evidence are invalid – DPI and Tribunal decisions justified – Charges of gross indiscipline and misconduct not substantiated with evidence in inquiry. [Paras 13-16]

Decision – Petition Outcome – Approval for termination refused due to procedural lapses – No evidence led during inquiry – Findings based solely on employee’s absence – Orders of DPI and Tribunal upheld – Writ petition dismissed. [Paras 17-19]

Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wrong under Section 23 – Decree of divorce set aside. [Paras 1-27]

Maintenance - Enforcement and Compliance – Analysis – Interim maintenance aims to support financially weak spouse – CPC Section 151 invoked for enforcing Section 24 order – Inherent powers of court to ensure compliance – Non-compliance leads to striking off defence – Orders under Section 24 crucial for justice and equity in matrimonial proceedings. [Paras 11, 13-15]

Divorce - Taking Advantage of Own Wrong – Section 23 HMA – Conduct of non-payment by husband amounts to a wrong – Relief denied if spouse takes advantage of own wrong – Courts must ensure compliance with orders for maintenance to uphold statutory intent – Relief granted only when petitioner’s conduct aligns with statutory requirements. [Paras 17, 21-24]

Decision – Appeal Allowed – Defence of respondent-husband struck off – Pleadings by husband non-existent in law – Decree of divorce set aside – Appellant-wife’s appeal succeeds – Respondent disqualified from relief under Section 13 due to non-compliance with Section 24 order. [Paras 25-27]

Motor Vehicles Act - "Just Compensation" – Quantum of Compensation – Appeal – Compensation determined based on income of deceased in foreign currency – Income to be considered at the same level even if earned abroad – Tribunal erred by not deducting income tax from income for compensation calculation – Average income for last three years minus income tax to be considered – Claimants entitled to compensation for actual loss – Future prospects to be considered – Appeal partly allowed. [Paras 13, 17, 23-29, 36]

Compensation – Legal Representatives Entitled – Dependents – Wife and parents entitled to compensation – Entitlement not limited to dependents but includes legal representatives – Deduction based on number of claimants correctly applied at 1/4th – Multiplier for calculation to be as per age of deceased. [Paras 14, 24]

Assessment – Average Income and Multiplier – Income of deceased taken as average of last three years minus applicable taxes – Multiplier of 13 upheld based on age – Future prospects added at 25% – Compensation recalculated. [Paras 17, 24, 27, 29]

Decision – Appeal Outcome – Compensation recalculated considering average income, tax deduction, and future prospects – Multiplier of 13 applied – Total compensation reduced – Non-pecuniary compensation for loss of consortium, estate, and funeral expenses modified as per Supreme Court guidelines – Appeal partly allowed, Tribunal’s award modified. [Paras 29, 30, 36]