Public Safety – Stray Dog Menace – Suo Motu – National Directions – SC mandates States/UTs to secure institutional areas, remove stray animals from highways, create patrol systems, ensure anti-rabies medication, install helplines, and implement ABC Rules uniformly – Non-compliance to invite serious consequences including contempt [Paras 5-11, 12-33].
Stray Dogs &nd...
Civil Law – Review Jurisdiction – Error Apparent on Face of Record – Non-consideration of Arguments – Context where the appellate court recorded submissions regarding the maintainability of a claim petition but failed to adjudicate them – Held: Non-consideration of arguments that are germane to the issue constitutes an error apparent on the face of the record. If vita...
Constitutional Law – Governor’s Discretion under Article 200 – Scope and Limits – Not Justiciable – Court may issue Mandamus in case of prolonged inaction – Held: The Governor has three options under Article 200 – to assent, to reserve the Bill for the President, or to withhold assent and return the Bill with comments (only if it is not a Money Bill) &ndas...
Matrimonial Law - Hindu Marriage – Void Marriage – Customary Divorce – Appellant’s previous marriage not dissolved by court decree – Claimed customary divorce via Panchayat not established by evidence – High Court holds that vague agreement dated 25.09.2013 between Appellant and her former husband cannot substitute statutory dissolution – Marriage with Res...
Maharashtra Cooperative Societies Act, 1960 – Section 88 – Inquiry and Assessment of Damages – Functus Officio – Replacement of Authorized Officer – Held: The authority of an officer to conduct inquiry and submit a report flows solely from the order of appointment – Once the Registrar issues an order replacing the Authorized Officer, the original officer becomes...
Civil Law - Specific Performance – Readiness and Willingness – Conduct of Plaintiff – Held: The plaintiff-appellants took divergent stands at different stages: initially claiming part of the land was acquired, then claiming the agreement was cancelled, and subsequently asserting the plot was not identifiable. Such contradictory stands negate the plea of readiness and willingness ...
Service Law – Recruitment Process – Cancellation – Petitioner and selected candidate secured equal marks in MBK selection – Petitioner alleged fabrication of marks to favour Opposite Party No.6 – Inquiry by District Project Manager confirmed irregularities – Collector directed re-evaluation of selection process following government guidelines – Held: In ca...
Matrimonial Law – Divorce – Dismissal of Husband’s Petition – Grounds of Cruelty and Desertion – Appellant/Husband filed for dissolution of marriage under Section 10 of the Divorce Act – Alleged that wife refused to care for his parents, expressed dissatisfaction over financial issues, and deserted him – Family Court dismissed the petition – Held: Gr...
Service Law – Seniority – Determination of Inter-se Seniority – Direct Recruits vs. Promotees – Recruitment Year vs. Date of Appointment – Held: Seniority cannot be reckoned from the date of occurrence of vacancy or initiation of recruitment process unless expressly provided by rules – It must be reckoned from the date of substantive appointment/entry into the c...
Service Law – Age Relaxation – Recruitment to Post of Fireman and Fireman Driver – Petitioners challenged fixation of upper age limit at 25 years in Advertisement dated 29.08.2023 – Petitioners contended that the posts were lying vacant since 2015 and no recruitment held due to COVID-19 – Court noted that age limit was fixed under 2021 Rules framed under Section 26(2)...