(1)
SABIR & OTHERS ...PETITIONER(S) Vs.
STATE OF HARYANA & OTHERS ...RESPONDENT(S) D.D
25/01/2023
Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...
(2)
DR. UJITA BALLYAN …Appellant Vs.
UNION OF INDIA AND OTHERS …Respondents D.D
25/01/2023
Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...
(3)
RANO …PETITIONER Vs.
DIRECTOR, RURAL DEVELOPMENT AND PANCHAYATS PUNJAB AND OTHERS …RESPONDENTS D.D
24/01/2023
Constitutional Law – Writ Jurisdiction – Eviction Orders – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Petition challenging eviction orders made by the Collector and affirmed by the Appellate Authority. Held that the Collector can only assume jurisdiction under Section 7 if the petition is filed by a Panchayat or an officer authorized by the State Gove...
(4)
AAKASH …PETITIONER Vs.
STATE OF HARYANA …RESPONDENT D.D
24/01/2023
Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...
(5)
OM PARKASH SHANKLA …APPELLANT Vs.
BABU RAM AND OTHERS …RESPONDENTS D.D
24/01/2023
Specific Performance – Joint Ownership – Section 12 of the Specific Relief Act, 1963 – Appeal against decree granting recovery of earnest money instead of specific performance of an agreement to sell. The property was jointly owned by three sons and their mother. Held that each vendor is bound to execute the sale deed to the extent of their individual shares, even if the property...
(6)
M/S ASF INSIGNIA SEZ PVT. LTD. ...Petitioner Vs.
STATE OF HARYANA AND ANOTHER ...Respondents D.D
24/01/2023
Property Tax – IT-ITES SEZ Property – Industrial vs. Commercial Rates – Petition challenging levy of property tax at commercial rates on IT-ITES SEZ property – Held, property tax to be levied as per actual usage of the premises – SEZ units cannot claim exemption or industrial rates solely based on SEZ classification – Notifications and statutory provisions manda...
(7)
STATE OF HARYANA AND OTHERS ...APPELLANTS Vs.
TEJ RAM AND OTHERS ...RESPONDENTS D.D
24/01/2023
Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...
(8)
TARLOCHAN SINGH ... APPELLANT Vs.
STATE OF PUNJAB ... RESPONDENT D.D
20/01/2023
NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]
Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...
(9)
PRADHUMAN SINGH ...PETITIONER Vs.
STATE INFORMATION COMMISSION AND ANOTHER ...RESPONDENTS D.D
20/01/2023
Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportuni...