(1)
TEJA SINGH …PETITIONER Vs.
JAGTAR @ TARI AND OTHERS …RESPONDENTS D.D
04/05/2017
Civil Procedure - Striking Off Defense - Extension of Time for Filing Written Statement – Petitioner's defense was struck off for failure to file the written statement within the statutory period of 90 days – Held, the power to extend the time beyond 30 days is not automatic and must be exercised with caution and adequate reasons – Extension beyond 90 days should be granted o...
(2)
HEAD TEACHER, M.G. GOVERNMENT PRIMARY SCHOOL, PANCHOR …PETITIONER Vs.
SMT. ANGURI AND ANOTHER …RESPONDENTS D.D
03/05/2017
Constitutional Law - Articles 226 and 227 - Frivolous Petitions by the State – State filed a petition against the Labour Court’s award of ₹50,000 as compensation in lieu of reinstatement for the respondent – Court held the petition frivolous and exhibiting heartlessness and apathy towards the respondent – Labour Court had refused reinstatement and granted compensation aft...
(3)
THE EXECUTIVE TECHNICAL & SCALES BENZY INFOTECH PRIVATE LTD. …PETITIONER Vs.
THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, JALANDHAR & OTHERS …RESPONDENTS D.D
02/05/2017
Industrial Law - Definition of Workman - Managerial and Supervisory Roles – Respondent-workman reinstated with full back wages after Industrial Tribunal found she was not performing managerial or supervisory duties – Designation as 'Senior Executive Customer Support and Training' not indicative of managerial role – High Court held, respondent fell within the definition of...
(4)
SARABJIT KAUR …PETITIONER Vs.
STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D
02/05/2017
Service Law - Withdrawal of Benefits Post-Retirement - Proficiency Step-Ups and ACP – Petitioner, a retired Superintendent, contested the withdrawal of proficiency step-ups granted in 1993 and 1999 and subsequent recoveries from her gratuity and leave encashment – Held, as per Rule 9.4(b)(iii) read with Rule 6.19(c) of the Punjab Civil Services Rules, for reckoning pension, only the co...
(5)
STATE BANK OF INDIA …PETITIONER Vs.
ADDITIONAL DEPUTY COMMISSIONER-CUM-DISTRICT MAGISTRATE, JALANDHAR AND OTHERS …RESPONDENTS D.D
01/05/2017
SARFAESI Act - Jurisdiction of DRT vs. Civil Court – Respondent No. 2, a partnership firm, defaulted on a loan, and respondent No. 4, a partner, mortgaged a house – Petitioner-bank initiated recovery under SARFAESI Act – District Magistrate ordered symbolic possession, relegating tenancy disputes to Civil Court – Held, the DRT has exclusive jurisdiction to decide tenancy is...
(6)
NAZAR SINGH …PETITIONER Vs.
ROAR SINGH …RESPONDENT D.D
28/04/2017
Civil Procedure - Temporary Injunction - Co-Sharers – The petitioner filed for permanent injunction and sought ad-interim injunction under Order 39 Rules 1 & 2 CPC – Trial Court granted ad-interim injunction directing status quo regarding the suit property – ADJ vacated the injunction citing reliance on an unproven Will – High Court held that declining the injunction ba...
(7)
HARBANS KAUR …APPELLANT Vs.
JEET RAM …RESPONDENT D.D
28/04/2017
Motor Vehicle Accident Claims - Determination of Income - Future Prospects – The deceased, Sukhdev Singh, died in an accident on 4.04.2009 at the age of about 40 years – Claimant, his widow, asserted he was an agriculturist earning ₹25,000 per month – Tribunal found no documentary evidence of land ownership or cultivation by the deceased – Income assessed based on minimum...
(8)
RAJESH KUMAR AND ANOTHER …PETITIONERS Vs.
STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D
26/04/2017
Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...
(9)
ANURAG VASHISHTHA …PETITIONER Vs.
THE HARYANA FINANCIAL CORPORATION AND OTHERS …RESPONDENTS D.D
26/04/2017
Constitutional Law - Judicial Review - Departmental Inquiry – Petitioner, an Additional General Manager, challenged the dismissal from service following a departmental inquiry – Held, judicial review in departmental inquiries focuses on whether proper procedure was followed and principles of natural justice were adhered to – Petitioner received a fair hearing, could lea...