(1) RAM CHANDER …PETITIONER Vs. STATE OF PUNJAB …RESPONDENT D.D 06/03/2017

Criminal Law - Parole - Temporary Release of Prisoners – Petitioner, a life convict for murder, denied parole on grounds of potential criminal activity – Held, likelihood of committing crime while on parole is not sufficient to decline parole – Parole can be denied only if release endangers state security or public order – Petitioner does not fall under 'hardcore prison...

PUNJAB AND HARYANA # CRWP No. 554 of 2016 Docid 2017 LEJ Crim PH 32

(2) CHUNNI LAL CHAUDHARY …PETITIONER Vs. RAKESH BAKSHI …RESPONDENT D.D 03/03/2017

Rent Law - Eviction for Bona Fide Requirement - Personal Necessity – Landlord filed ejectment petition for the bona fide requirement of setting up his son – Concurrent findings by lower courts ordering eviction – Petitioner contended that during pendency of the proceedings, landlord’s son had let out another property – Petitioner's application for amendment under ...

PUNJAB AND HARYANA # CR No. 511 of 2017 Docid 2017 LEJ Civil PH 80

(3) KANWALJIT SINGH BAJWA AND OTHERS …Petitioners Vs. STATE OF PUNJAB AND OTHERS …Respondents D.D 03/03/2017

Constitutional Law - Judicial Service - Inter-se Seniority - Quota System - Judicial Review – The petitioners challenged the seniority list dated 24.12.2015 of the Punjab Superior Judicial Service. The primary issue was the inter-se seniority among officers appointed through three sources: promotion from Civil Judges (Senior Division) based on merit-cum-seniority and passing a suitability te...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 1056 OF 2016 Docid 2017 LEJ Civil PH 84

(4) NATIONAL FERTILIZER LIMITED …PETITIONER Vs. DAVINDER LAL BANSAL AND ANOTHER …RESPONDENTS D.D 28/02/2017

Land Acquisition Law - Enhanced Compensation - Equitable Treatment of Landowners – Petitioner contended that respondent landowner, who did not appeal the compensation award, should not receive the enhanced compensation granted to other landowners in similar circumstances – Held, equitable treatment requires similarly situated landowners to receive similar compensation – Supreme C...

PUNJAB AND HARYANA # CR No. 1183 of 2016 Docid 2017 LEJ Civil PH 70

(5) BUDH RAM AND OTHERS …PETITIONERS Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 27/02/2017

Land Law - Redetermination of Surplus Area - Suo Moto Powers – Financial Commissioner invoked suo moto powers after 11 years to redetermine surplus area – Held, such invocation not permissible once determination has attained finality up to the High Court – Surplus area vested and mutated in favor of the State, utilized, and not available for redetermination – Arbitrary and ...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 9435 OF 2009 Docid 2017 LEJ Civil PH 34

(6) DCM TEXTILES, HISSAR AND ANOTHER …PETITIONERS Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 23/02/2017

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...

PUNJAB AND HARYANA # CWP NO. 25356 OF 2015 Docid 2017 LEJ Civil PH 26

(7) NAVODAYA VIDYALAYA SAMITI …PETITIONER Vs. GURDEV SINGH (MUSIC TEACHER) AND OTHERS …RESPONDENTS D.D 22/02/2017

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 ...

PUNJAB AND HARYANA # CWP NO. 4616-CAT OF 2014 Docid 2017 LEJ Civil PH 75

(8) SUNIL SINGH …PETITIONER Vs. MINISTRY OF ENVIRONMENT AND FORESTS AND OTHERS …RESPONDENTS D.D 22/02/2017

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...

PUNJAB AND HARYANA # CM No. 5110 of 2016 in CWP No. 20032 of 2008 Docid 2017 LEJ Civil PH 22

(9) ALKA SHARMA …PETITIONER Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 21/02/2017

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...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 16530 OF 2014 Docid 2017 LEJ Civil PH 63