(1)
HARDEV KAUR …Petitioner Vs.
UNION OF INDIA AND OTHERS …Respondents D.D
21/07/2017
Land Acquisition - Determination of Market Value - Non-compliance with Statutory Requirements - Judicial Review – The petitioner challenged the award passed by the Land Acquisition Collector, which reduced the value of the acquired land significantly. The court held that the award did not comply with the statutory requirements of the 2013 Act, particularly Section 26, which mandates the dete...
(2)
GURVINDER SINGH …Petitioner Vs.
PUNJAB STATE AGRICULTURAL MARKETING BOARD AND OTHERS …Respondents D.D
21/07/2017
Constitutional Law - Service Law - Promotion - Eligibility Criteria - Judicial Review – The petitioner, a Sewadar in the office of the Market Committee, was promoted to the post of Clerk subject to the condition of completing five years of service and passing the type test. The Secretary, Punjab Mandi Board, later canceled this promotion citing non-fulfillment of eligibility criteria at the ...
(3)
DALIP KUMAR JHA …APPELLANT(S) Vs.
STATE OF PUNJAB AND OTHERS …RESPONDENT(S) D.D
05/07/2017
Constitutional Law - Religious Beliefs - Samadhi - Disposal of Body - Articles 25 and 26 of the Constitution of India - High Court's order mandating disposal of the body of Ashutosh Ji Maharaj by cremation quashed. The High Court held that in the absence of any law directing the disposal of the body, such a direction would violate the fundamental rights under Articles 25 and 26, which protect ...
(4)
SKILL LOTTO SOLUTIONS PVT. LTD. …PETITIONER Vs.
STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D
30/05/2017
Taxation Law - Imposition of Higher Tax Rate - Judicial Review - The petitioners challenged the demand for higher tax by the State of Punjab after an initial reduction in the tax rate per draw. The court held that the State can lawfully collect tax only at the rate notified under the Act, and any tax collected beyond the notified amount is without legislative authority and illegal. The demand for ...
(5)
CHANDIGARH GOVERNMENT ELECTRICAL CONTRACTORS ASSOCIATION AND ANOTHER …PETITIONERS Vs.
UNION TERRITORY OF CHANDIGARH THROUGH ITS SECRETARY ENGINEERING DEPARTMENT, CHANDIGARH AND OTHERS …RESPONDENTS D.D
23/05/2017
Tender Process - Qualification Criteria of Bidders - Judicial Review – Petitioners, non-CPWD contractors registered with the Union Territory of Chandigarh, sought eligibility to submit bids for an e-tender without being registered with the CPWD – Held, the court cannot alter, amend, or modify the eligibility criteria stipulated by the party inviting the tender – The entity inviti...
(6)
NAVJEET KAUR …Appellant Vs.
NAVNEET WALIA AND OTHERS …Respondents D.D
19/05/2017
Seniority - Rules and Executive Instructions - Judicial Review – The case involved a seniority dispute among Lecturers appointed through different selection processes. The 2001 Rules and the 1994 Rules were silent on the determination of inter-se seniority between different batches. The court held that in the absence of specific rules, executive instructions dated 24.11.1962, which determine...
(7)
SIMERANDEEP KAUR …Petitioner Vs.
STATE OF PUNJAB AND OTHERS …Respondents D.D
17/05/2017
Constitutional Law - Right to Education - Administrative Lapses - Judicial Review – The petitioner completed her first year of M.Sc. (Nursing) and immediately applied for the second year by paying the requisite fee. However, she discontinued her studies to join as a Staff Nurse in the Government of Punjab. In 2015, she applied to continue her second year but her application was rejected due ...
(8)
BHARPUR SINGH AND OTHERS …Appellants Vs.
SUKHJINDER SINGH AND OTHERS …Respondents D.D
15/05/2017
Limitation Act, 1963 - S.3 - Civil Procedure Code, 1908 - O.14 Rl.1 - Limitation as a Legal Issue - Non-framing of Issue - Judicial Review – Held, the absence of an explicit issue on limitation by the trial court does not invalidate the question of whether the suit was within the period of limitation. Limitation is a fundamental issue, and the court must consider it regardless of whether it ...
(9)
T.S. BHATTI …PETITIONER Vs.
STATE OF HARYANA …RESPONDENT D.D
12/05/2017
Service Law - Disciplinary Proceedings - Supervisory Responsibility and Delay – Petitioner, a retired District Food and Supplies Controller, faced allegations of supervisory lapses and damage/shortage of wheat gunny bags dating back to 1989 – Inquiry initiated six years later in 1995 and completed in 2002 found no lack of supervision by the petitioner – Competent authority's ...