Service Law - Judicial Service - the Principle enunciated to count 10 years Bar practice of an advocate has not been restricted to only High Court Judges but is applicable qua an advocate having 10 years practice appointed on direct recruitment basis to a Judicial Post. Once it includes the post of ADJ, it cannot exclude the Judicial Members appointed from the Bar in the tribunal even before 19.2.2007. This cut off date has no reasonable nexus with the object of redeeming an advocate a right of respectable pension in case of less service by addition of 10 years practice at bar as a qualifying service. Shanker Raju v. Union of India, Suresh Kumar Kait, J. W.P. (C) No. 3223 of 2018 23-01-2019
Arbitration and Conciliation, 1996 - Section 34 - The Act is intended to achieve speedy resolution of disputes and, subject to parties being treated with equality and being given a full opportunity to present their case, and gives arbitrators great flexibility in matters of procedure and evidence. M/s. Crompton Greaves Ltd v. M/s. Centre for Development of Telematics (C-Dot), S. Ravindra Bhat & Prateek Jalan, JJ. F.A.O. No. 10 of 2017 22-01-2019
Penal Code, 1860 - Ss. 498A, 406 & 34 - Quashing of FIR - parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of FIR / criminal complaint - Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility. Siddharth Mahajan v. State, Sunil Gaur, J. Crl. M.C. 161 of 2019 22-01-2019
Service Law - Allotment of a Govt. accommodation - Administrative Tribunal Act, 1985 - S. 3(q)(v) - "service matters" - Allotment and the cancellation of a Govt. accommodation is a subject, which is independent and distinct from the eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - It is made as a sequel to employment of the Govt. servant, though, it is regulated by the norms stipulated therefor. Such allotment is a consequence of the service and entertainable by CAT - the cancellation of the allotment cannot be made throwing all the canons of the principles of natural justice and the law to winds - In the event, the petitioner had violated any of the terms and conditions of allotment, he should, at least, been provided with an opportunity to explain the alleged violation. Union of India v. Himmat Singh Chauhan, Vipin Sanghi & A.K. Chawla, JJ. W.P. (C.) No. 638 of 2019 22-01-2019