(1)
DCM TEXTILES, HISSAR AND ANOTHER …PETITIONERS Vs.
UNION OF INDIA AND OTHERS …RESPONDENTS D.D
23/02/2017
HIGH COURTS
Motor Vehicles Act - Classification of Transport and Non-Transport Vehicles – Petitioner’s vehicles used to ferry employees – Held, there is an intelligible differentia between private and commercial use of vehicles – Vehicles carrying employees for trade/business purposes fall under 'private service vehicle' per Section 2(33) – Such vehicles classified as tra...
(2)
NAVODAYA VIDYALAYA SAMITI …PETITIONER Vs.
GURDEV SINGH (MUSIC TEACHER) AND OTHERS …RESPONDENTS D.D
22/02/2017
HIGH COURTS
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
(3)
SUNIL SINGH …PETITIONER Vs.
MINISTRY OF ENVIRONMENT AND FORESTS AND OTHERS …RESPONDENTS D.D
22/02/2017
HIGH COURTS
Constitutional Law - Articles 32 and 226 - Res Judicata and Procedural Bars in Writ Jurisdiction – Petitioners filed applications for transferring cases to NGT after similar applications were previously withdrawn – Held, principles of res judicata and CPC provisions apply to writ jurisdiction under Rule 32 of the Writ Jurisdiction Rules – Earlier withdrawal of applications consti...
(4)
ALKA SHARMA …PETITIONER Vs.
UNION OF INDIA AND OTHERS …RESPONDENTS D.D
21/02/2017
HIGH COURTS
Administrative Law - Applicability of CPC Rules to Tribunal Proceedings – Tribunal's approach in ignoring specific allegations in Original Application regarding non-communication of subsequent Written Test Notice and interview scheduling, despite written statement's evasive denial, caused prejudice – CPC Rules governing pleadings apply fully to Tribunal proceedings – Evas...
(5)
JYOTI SHARMA …PETITIONER Vs.
HARYANA STAFF SELECTION COMMISSION AND OTHERS …RESPONDENTS D.D
17/02/2017
HIGH COURTS
Constitutional Law - Articles 14 and 16 - Recruitment Standards and Qualifications – Petitioner challenged the selection of respondent No. 4 for the post of Statistical Assistant – Respondent’s Master of Commerce degree lacked Statistics as a required subject – Held, recruitment rules specified Statistics as one of the papers at the Master's or Bachelor's level &nda...
(6)
JAGDISH RAI AND ANOTHER …PETITIONERS Vs.
HARYANA VIDHAN SABHA SECRETARIAT, CHANDIGARH AND OTHERS …RESPONDENTS D.D
17/02/2017
HIGH COURTS
Service Law - Promotion Criteria - Common Seniority List – Petitioners, Senior Scale Stenographers/Reporters, challenged the promotion of Personal Assistants to Private Secretary – Held, Rule 11 stipulates a common seniority list for promotion – Absence of common list violated Rule 11 – Promotions solely from Personal Assistants cadre from 1981 to 1995 deemed arbitrary and ...
(7)
SATNAM SINGH …PETITIONER Vs.
BABU SINGH AND OTHERS …RESPONDENTS D.D
09/02/2017
HIGH COURTS
Rent Law - Landlord-Tenant Dispute - Impleadment of Third Parties – Petitioner/landlord filed for ejectment of tenant – Respondents No. 1 & 2 filed for impleadment claiming ownership of mortgaged property – Rent Controller allowed application – Held, dispute of ownership should be decided by Civil Court, not Rent Controller – Third-party claiming ownership is not ...
(8)
SANDEEP GHAI …PETITIONER Vs.
HARMINDER SINGH AND OTHERS …RESPONDENTS D.D
07/02/2017
HIGH COURTS
East Punjab Urban Rent Restriction Act - Expeditious Procedure - Judicial Review – Rent Act intended to provide special and expeditious procedure – Authorities can devise own procedure free from technicalities, except for Sections 16 and 17 – Basic principles of CPC must be observed – Objection to admissibility of documents should be raised before endorsement – Rent C...
(9)
ATTAR SINGH …PETITIONER Vs.
THE COMMISSIONER, ROHTAK DIVISION, ROHTAK AND OTHERS …RESPONDENTS D.D
03/02/2017
HIGH COURTS
Constitutional Law - Article 226 - Village Common Lands - Exclusionary Clauses – Petitioner, a village proprietor, claimed the land did not vest in Gram Panchayat under Section 2(g) of the 1961 Act – Land recorded as ‘banjarqadim’ argued not used for common purposes – High Court held, proprietors must establish the land falls under exclusionary clauses (i) to (ix) of ...