Education Law - Medical Education – One-Time Increase in MBBS/BDS Seats – No Mandate under Law – Extraordinary error in CET evaluation led to revised merit list displacing students already admitted – State sought one-time increase in admission capacity – Supreme Court upheld Central Government’s refusal on ground of non-compliance with Section 10A and Regulation...
Per Incuriam – Coordinate Bench Discipline – Article 141 – Appeal Allowed and Matter Remanded –Patna High Court Full Bench declared Section 15 ultra vires and curtailed the bar/abatement under Sections 4(b), 4(c), 37 by terming the earlier Full Bench in Ramkrit Singh as per incuriam – Held: Decision is per incuriam only if rendered in ignorance of a binding statute or...
Service Law – Constitutional Validity Of Recruitment Rules - Interdepartmental Promotion – Presidential Order under Article 371D – Rules Held Invalid – The Tribunal struck down rules allowing employees of the Factories and Boilers Department to be promoted in the Labour Department – Supreme Court upheld the decision, holding such inter-cadre promotion violates Paragra...
Education Law - Postgraduate Medical Admission – State's Power to Prescribe Reservation – MCI Regulation 9 Prevails on Eligibility Standards – Appeals Allowed – The State of Punjab issued a notification lowering minimum qualifying marks for admission to postgraduate medical courses and making reservations – High Court struck down the notification for being contrar...
Tenancy Law - Rent Control – Delay in Deposit of Rent – Discretion of Court under Order 15 Rule 5 CPC – High Court Order Set Aside – The High Court reversed the trial court's order and struck off tenants' defence on the ground of delay in depositing rent – Supreme Court held that the power to strike off defence under Order 15 Rule 5 CPC is discretionary, not m...
Service Law – Acquittal in Criminal Case – Reinstatement with Back Wages – Partial Relief Granted – Respondent, a government servant, was dismissed following conviction under Section 302/34 IPC—Upon acquittal by the High Court, he was reinstated with full back wages by writ court—Supreme Court held: Reinstatement proper, but award of back wages unjustified as em...
Family Law - Senior Citizens Act – Gift Deed – Cancellation – Section 23(1) – Deemed Condition of Maintenance – Gift deed executed by 88-year-old mother-in-law in favour of daughter-in-law – Tribunal refused to cancel the deed as there was no express condition of maintenance in the document – District Magistrate reversed the decision and directed cancellat...
Civil Law – Local Commissioner – Order XXVI Rule 9 CPC – Improper Rejection – Appointment Directed – Trial court dismissed plaintiff's application seeking appointment of Technical Engineer as Local Commissioner to demarcate disputed wall and report physical condition – Held: Though appointment of Commissioner is discretionary, such discretion must advance ca...
Civil Writ - Medical Education – Bonded Service – Higher Studies – Government Resolution 2017 – Petitioner signed post-PG bond requiring two years’ service – Clause 1(e) expressly allows bond to pause if candidate gets higher studies opportunity and resume post-study – Held: Subsequent Resolutions of 2021/2024 restricting NOC to NMC-approved courses not ap...
Eviction – Bona fide Requirement – Section 14(3), HP Urban Rent Control Act – Landlord entitled to choose premises suited to his condition – Subsequent availability of other flats did not defeat requirement – Eviction decree restored [Paras 14-18, 22-24].
Landlord’s Bona Fide Need – Petition filed in 2013 on ground of retirement and absence of accommoda...