Civil Law - Order VII Rule 11 CPC – Scope of Rejection of Plaint – Rejection of Plaint on Ground of Res Judicata Set Aside – The appellant challenged the orders of the Trial Court and High Court which allowed rejection of plaint under Order VII Rule 11 CPC on the ground of res judicata due to an earlier ex parte decree – Supreme Court held that adjudication on res...
Environmental Law - Environmental Clearance – Challenge to NOC for Petrol Pump – Compliance with Siting Guidelines – Appeal Dismissed - The appellants challenged the grant of NOC and consent to operate for a petrol pump alleging violation of environmental norms and proximity to residential areas – The Joint Committee constituted by NGT found no violation of Central Pollutio...
Employment Law - Recruitment Process – Improper Exclusion from PPSC – Violation of Article 320 – Recruitment Process Quashed - The appellants challenged the selection of 1091 Assistant Professors and 67 Librarians in Punjab undertaken without consulting the Punjab Public Service Commission (PPSC), violating Article 320 and the 1955 Regulations – The Supreme Court held that ...
Civil Law – Abatement of Appeal – Duty to Inform Death of Party – Order XXII Rule 10A CPC – High Court Order Set Aside - The Supreme Court set aside the High Court judgment which had dismissed the First Appellate Court’s decree on grounds of abatement for non-substitution of deceased respondents’ heirs—Held, defendants were under a legal duty under Order X...
Municipal Law – Suspension of Elected Public Representative – Section 39 of Rajasthan Municipalities Act, 2009 – Writ Petition Dismissed – Petitioner, elected Mayor of Jaipur Municipal Corporation (Heritage), challenged suspension on procedural grounds after FIR and charge-sheet under P.C. Act – Court held: Serious corruption allegations with pending judicial inquiry ...
Section 13(2), 13(4), 14, 17(4A), 18 and 35 of the of the SARFAESI Act - SARFAESI Proceedings – Tenant’s Rights and Restoration of Possession – Unregistered Lease – Appeal Allowed - The appellant, a secured creditor, took possession of a secured asset under Section 13(4) of SARFAESI Act following borrower’s default – Respondent claimed tenancy under unregistered...
Civil Law - Specific Performance – Limitation, Validity of Agreement, and Admissibility of Evidence – Second Appeal Dismissed – Defendants filed second appeal challenging concurrent decrees granting specific performance of an agreement of sale in favour of the plaintiff – The High Court held that the Trial Court and Appellate Court correctly appreciated the oral and documen...
Service Law - Appointment to Reserved Post – Scheduled Caste Reservation – Eligibility versus Suitability – Arbitrary Rejection – Petitioner Fully Qualified – The petitioner, an Associate Professor with over 32 years of experience and an extensive publication record, applied for the post of Professor reserved for SC category – He was the only candidate who...
Civil Writ – PIL - Storm Water Drain – Retaining Wall Height – Flood Prevention – PIL Allowed - Petitioner Association sought completion of a 15-foot retaining wall to prevent flooding near 10th Cross, S.R. Layout – BBMP’s technical report supported the need for retaining wall of 3 to 3.5 metres (approx. 10 to 11.5 feet) – Held: Reduction of height for cro...
Public Interest Litigation (PIL) – Memorial Construction on Mayor’s Bungalow Premises – Challenge to Policy Decision – Petitions filed challenging Government Resolution dated 27.09.2016, amendment to Section 92 (dd-1) of the Mumbai Municipal Corporation Act, 1888, change in reservation of land from Green Zone to Residential Zone, and concessional lease for Balasaheb Thacker...