Maintainability – Writ Petition under Article 32 – Not a Review or Curative Petition – Petitioners challenged ratio decidendi of Subhash Chandra Dixit case, not its final order – Held: A petition under Article 32 is maintainable to seek reconsideration of earlier ratio if violation of fundamental rights is alleged – Bar under Rupa Ashok Hurra inapplicable [Paras 8-10]...
Public Interest Litigation – Appointment and Continuation of Police Officer – Challenge to appointment of Director General of Police, Gujarat, on the ground of alleged misconduct and failure during the 2002 communal riots – Allegation that his continuation would impede justice in riot-related prosecutions – State contended that review of all 2020 riot cases had been complet...
Judicial Discipline – Bail order by judicial officer – Complaint of corruption unsubstantiated – Enquiry Judge disbelieved allegation of illegal gratification but still held charges of granting bail on insufficient grounds proved – Held: Passing a bail order in exercise of judicial discretion cannot ipso facto lead to disciplinary proceedings unless actuated by malice, bias...
Disability Pension – Schizophrenia – Pension Regulations, 1961 – Regulation 173 and Appendix II – Medical Board opined illness not attributable to military service – Held: High Court erred in granting pension merely because no disease was recorded at time of enrolment – Clause 7(c) requires proof that conditions of military service determined or contributed to t...
Panchayat Administration – District Development Officer v. President – Administrative Powers Clarified – Sections 83 & 162 of Gujarat Panchayats Act – High Court correctly held that while elected Panchayat officials play a key role in policy-making, executive authority in service matters lies with the District Development Officer (DDO) – Held: DDO is not subordina...
PIL - Section 158(6), Motor Vehicles Act – Mandatory compliance by police – Directions issued to ensure prompt forwarding of accident reports to Claims Tribunals and insurers.
Motor Accident Claims – Compliance with Section 158(6) MV Act – Mandatory Reporting by Police – Non-compliance addressed – Section 158(6) imposes a statutory duty on the police to repor...
Pre-emption Suit – Non-impleadment of Necessary Party – Decree set aside – Section 21 of Punjab Pre-emption Act – Article 300A of Constitution – Property rights violated - A decree of pre-emption was passed without impleading the appellant who had purchased the property through a registered sale deed and was in possession – Held: Appellant was a necessary party ...
Arbitration – Section 11(6), Arbitration and Conciliation Act, 1996 – Existence of Live Dispute – Appointment of Arbitrator Upheld – Dispute regarding transfer of 1.20 lakh sq.ft. FSI under Joint Development Agreement (1994) alleged to have been settled by subsequent MoU (2005) – Respondent repudiated MoU and invoked arbitration – Held: Issue regarding additiona...
Mandamus – Hire-Purchase vs. Lease of Mandi Shops – No Legal Right – Traders sought writ for allotment of shops/godowns on hire-purchase basis instead of lease – Held: No statutory duty imposed on Mandi Samiti/Parishad to transfer properties on hire-purchase basis – Letter of Director had no binding authority without Board approval – Mandamus cannot be issued ab...
Public Interest Litigation – Service Matters – Writ of Quo Warranto – Not Maintainable - PIL filed to challenge appointment of Audit Inspector on ground of invalid Scheduled Caste certificate obtained through marriage – Held: PILs are not maintainable in service matters, particularly where allegations stem from personal vendetta – High Court erred in entertaining such...