Constitution of India, 1950, Article 227, Specific Relief Act, 1963, Section 38, 39 -- Injunction - Refusal - Validity - Dispute pertained to house-cum-shop and there was agreement that father had agreed to sell his share to petitioner and received a specific sum and compromised - Petitioner is running his business and income tax returns in his name have been appended and..........
Constitution of India, 1950, Article 226 -- Writ Petition - Recovery of excess payment - Alleged excess payment was made to members of association because of bonafide wrong impression - No allegation by University against members of association that they have either canceled any material fact or misrepresented the case for purpose of claiming alleged excess payment - Clear..........
Constitution of India, 1950, Article 14 -- Compassionate employment - Clause in Scheme of bank - Validity - As per scheme financial condition of the family at time of death of employee were required to be taken into consideration while considering the case a family member of deceased for appointment on compassionate basis - Settled law that compassionate appointment to one..........
Constitution of India, 1950, Article 226, 227, Haryana Aided Schools (Security of Service) Act, 1971, Section 3, 5, 5A -- Writ of Mandamus - Claim of Arrears of salary from the amount of grant-i, aid - Termination order of petitioner was set aside by competent authority and management never challenged such order - Petitioner was kept out of service only because of serious..........
Constitution of India, 1950, Article 226 -- Plot - Allotment - Petitioners were unsuccessful in "A" Scheme of allotment of plots - In the subsequent public advertisement by trust a clear, categorical and unambiguous note was specifically given that applicants, who have already applied for "A" Scheme and had remained unsuccessful, should apply again on the prescribed..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Petitioners and private respondents faced the same selection process and petitioners were higher in merit than Private respondents - Due to fault of Department and commission name of petitioners was recommended for those departments where vacancies were not available - Because of apparent illegal action,..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Delay and laches - Seniority is yet to be finalized - Petitioner submitted their self contained legal notice raising protest against the promotion order and claiming seniority over and above private respondents - Once the seniority was not finalized and private respondents were promoted, despite being lower in..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made law thereto - Sometimes, difference of one circumstance or additional fact can make the world of difference...........
Constitution of India, 1950, Article 14, 16 -- Appointment - In Absence of any statutory rules governing the issue of fixation of seniority, state are duty bound to fix the final seniority as per merit list prepared by commission...........
Constitution of India, 1950, Article 14, 16, 226, 227 -- Writ - Mandamus - Benefit of annual increment with all consequential service benefits - Equality - Grant - Earlier apprentice Junior Engineers were appointed on a fixed pay and later another batch of Junior Engineers was appointed as Trainees - Terms and conditions of both appointment were identical - Both set of..........
