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Service law

JAI PRAKASH SAINI versus MANAGING DIRECTOR, U.P. COOPERATIVE FEDERATION LTD. & ORS.

Because the department did not produce any witness in the enquiry despite the appellant's denial of the charges, the enquiry was vitiated for non-observance of the principles in Sur Enamel/Kharak Singh/Chamoli; consequently the order of dismissal and recovery could not be sustained and was set aside with liberty to the Federation to hold a de novo enquiry within six months under the prescribed procedures.

Source excerpt

  • Disciplinary enquiry
  • Natural justice
  • De-novo enquiry
  • Cross-examination
  • Dismissal from service
  • Recovery of amount
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Service law

HEMLATA EKNATH PISE versus SHUBHAM BAHU-UDDESHIYA SANSTHA WADDHAMNA & ORS.

The High Court erred in remanding the writ petition to the Tribunal based on its consideration of only a single point without addressing other significant issues; the impugned orders were set aside and the writ petition remanded to the High Court for fresh consideration of all claims and defenses.

Source excerpt

  • Reinstatement
  • Natural justice
  • Remand for fresh consideration
  • Reasoned decision
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Urban land (ceiling and regulation) law

DALSUKHBHAI BACHUBHAI SATASIA & OTHERS versus STATE OF GUJARAT & OTHERS

Because notice under Section 10(5) of the ULC Act was not served on the actual possessors (the appellants), de facto possession was not transferred to the State by any of the statutory methods before the Repealing Act came into force; consequently proceedings under the ULC Act relating to transfer of possession abated under Section 4 of the Repealing Act and the appellants are entitled to consequential reliefs; the High Court's contrary findings were set aside.

Source excerpt

  • Vesting
  • Possession
  • De jure and de facto possession
  • Paper possession
  • Abatement of proceedings
  • Notice requirements under s.10(5) ulc act
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Constitutional law

ABHISHEK GUPTA versus DINESH KUMAR & ORS.

Rule 5 must be read so as to advance access to justice; where a Single Judge's order under Article 226 adversely affects the rights of a party not impleaded or heard, the bar in Rule 5 does not preclude a Special Appeal by such non-party; when non-joinder is alleged in an intra-court appeal the High Court should remand to the Single Judge or decide the matter on merits, and consequently the Division Bench's order dismissing the Special Appeal as not maintainable was set aside and the Special Appeal restored.

Source excerpt

  • Article 226
  • Rule 5 allahabad high court rules, 1952
  • Special appeal
  • Non-joinder of necessary party
  • Access to justice
  • Natural justice
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Administrative law

P. RADHAKRISHNAN & ANR. versus COCHIN DEVASWOM BOARD & ORS.

The High Court erred in issuing directions that travelled beyond the scope of the writ petition without putting the appellants on notice; such directions (to refix the licence fee by applying T. Krishnakumar and to direct an enquiry by the Chief Vigilance Officer) were made in violation of principles of natural justice, rendered the appellants worse off and therefore those portions of the High Court order are expunged and set aside while the remainder of the writ petition outcome stands.

Source excerpt

  • Directions beyond scope of writ petition
  • Natural justice
  • Licence fee enhancement
  • Inquiry by vigilance authority
  • Access to justice
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Administrative law

ITC LIMITED versus STATE OF KARNATAKA & ANR.

The search and seizure conducted on 02.07.2020 were illegal and vitiated because no warrant was obtained nor were reasons to believe recorded as required by Section 15 of the Legal Metrology Act, 2009 read with Sections 165 and 100(4),(5) Cr.P.C.; the presence of a non-independent witness (the driver) violated Section 100(4); consequently the seizure and subsequent compounding notice were invalid and the Division Bench judgment upholding them was quashed, restoring the Single Judge order.

Source excerpt

  • Search and seizure
  • Inspection
  • Reasons to believe
  • Warrant requirements
  • Natural justice
  • Section 15 legal metrology act, 2009
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Tenders

PRAKASH ASPHALTINGS AND TOLL HIGHWAYS (INDIA) LIMITED versus MANDEEPA ENTERPRISES AND OTHERS

The Division Bench erred in treating respondent No.1's quoted BOQ figure as a per day amount and allowing post-opening rectification because Clause 4(g) expressly prohibits any change to the BOQ template, Clause 5B(v) cannot be stretched to permit alteration of BOQ rates after bid finalisation, the BOQ as submitted showed the amount to be for 1095 days and thus was not an inadvertent clerical mistake, and the High Court failed to implead and hear the adversely affected appellant; accordingly the Division Bench order was set aside.

Source excerpt

  • Rectification of bids
  • Bid evaluation
  • Non-impleadment
  • Natural justice
  • Public interest
  • Judicial review
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Industrial disputes act, 1947

THE GENERAL MANAGER (P) CANARA BANK versus GANGANARASIMHAIAH

The Tribunal and the High Court erred by reappreciating evidence and acting as appellate bodies under Section 11-A; the disciplinary enquiry, its findings and the appellate concurrence were supported by some evidence and were not perverse or based on no evidence, accordingly the orders of the Tribunal and High Court setting aside compulsory retirement and directing reinstatement were set aside and the Disciplinary Authority's order of compulsory retirement was affirmed; respondent remains entitled to gratuity and pensionary benefits.

Source excerpt

  • Compulsory retirement
  • Reinstatement
  • Disciplinary enquiry
  • Judicial review in disciplinary matters
  • Natural justice
  • Standard of proof (preponderance of probabilities)
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Service law

STATE OF PUNJAB AND OTHERS versus EX. C. SATPAL SINGH

The Supreme Court held the dismissal was valid because it was imposed for a proved gravest act of misconduct (unauthorised absence of about 37 days) after departmental enquiry and show-cause proceedings in observance of natural justice; the disciplinary authority's mere reference to past misconduct was to add weight to the finding of a gravest act and did not mean the penalty was imposed under the second limb of Rule 16.2(1), so prior specific notice of past misconduct was not required in this case.

Source excerpt

  • Dismissal from service
  • Unauthorized absence
  • Natural justice
  • Past conduct in disciplinary proceedings
  • Punjab police rules, 1934, rule 16.2(1)
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Tax law

ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) & OTHERS versus SHELF DRILLING RON TAPPMEYER LTD. ETC.

By a majority (per Satish Chandra Sharma, J.) Section 153 and its timelines apply to the stage of passing the Draft Assessment Order under Section 144C(1); but the specific non-obstante timelines in Section 144C(4) and Section 144C(13) operate independently and in addition to Section 153, so that where Section 144C applies a final assessment must be passed either within one month after acceptance or expiry of the 30‑day objection period, or (if objections are filed) within the DRP timelines (up to nine months to issue directions) plus one month for the Assessing Officer, and if Section 92C is…

Source excerpt

  • Section 144c
  • Section 153(3)
  • Limitation period
  • Assessment and reassessment
  • Draft assessment order
  • Dispute resolution panel
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.