Service Law – Judicial Interference in Disciplinary Proceedings – Charge-Sheet Not a Punishment – Writ Petition Dismissed – Petitioner challenged the charge-sheet on the ground that he played no role in preparing the DPR and was relieved before the Revised Technical Sanction was granted – High-Level Inquiry Committee found that the collapse of the bridge was due to fa...
Termination of Government Counsel – Violation of Principles of Natural Justice – Inquiry Based on Unverified Video – Termination Set Aside – The petitioner, who was serving as A.D.G.C. (Criminal) in District Hathras, was removed from his post by an order of the Joint Secretary, Law Department, based on an inquiry report alleging objectionable remarks against Mahatma Gandhi ...
Condonation of Delay – Delay of 586 Days in Filing Appeal – High Court’s Decision Set Aside – The High Court condoned the delay of 586 days in filing the appeal by subsequent purchasers, reasoning that they were senior citizens residing abroad and were unaware of the proceedings – Held: Mere passage of time or reliance on vendor’s assurances is not a sufficient ...
Service Law – Selection Process – Allegation of Nepotism – Rule against Bias – Validity of Appointments Upheld – The selection of Shiksha Karmis was challenged on the ground that several appointees were related to members of the selection committee, violating the principle of nemo judex in causa sua – The Collector quashed the selection without issuing notices t...
Reservation in PG Medical Courses – Constitutionality of Domicile-Based Reservation – Violation of Article 14 – The UT of Chandigarh reserved 50% of its State Quota seats for candidates with a background in Chandigarh—The High Court struck down this policy as unconstitutional—Held: Residence-based reservation in PG Medical Courses is impermissible and violates Article...
Live-in Relationship – Right to Protection – Article 21 of the Constitution – Legal Recognition – Petitioners in live-in relationships approached the court for protection of life and liberty, citing threats from family members and society—Held: Live-in relationships are not illegal, as recognized in multiple Supreme Court judgments (S. Khushboo v. Kanniammal, Indra Sa...
Matrimonial Law - Divorce – Cruelty – Section 13(1)(ia) of the Hindu Marriage Act – The respondent-husband filed for divorce on grounds of cruelty, citing that the appellant-wife displayed unruly behavior, threatened suicide, and created disturbances at the matrimonial home – The appellant denied these allegations and, in turn, claimed that she was subjected to physical abu...
Constitutional Law – Challenge to Constitution (44th Amendment) Act, 1978 & Land Acquisition (Amendment) Act, 1984 – Not Considered – The Petitioners initially sought to challenge the constitutional validity of the Constitution (44th Amendment) Act, 1978, and the Land Acquisition (Amendment) Act, 1984 – However, no substantial arguments were advanced in this regard &nda...
Electrocution – Negligence of Power Department – Compensation Awarded – The victim, aged eight at the time of the incident, suffered severe burns and amputation due to contact with an uncovered 11KV electric wire. The appellants admitted that the victim came into contact with a live wire but argued that he was at fault. Held, it was the duty of the Power Department to ensure publ...
Arbitration – Challenge to Award – Scope of Interference under Sections 34 and 37 of Arbitration Act – The appellant challenged an arbitral award granting compensation to the respondent for project delays and related claims – Held: The Court’s jurisdiction under Section 37 is limited and does not permit reappreciation of evidence – The Arbitral Tribunal’s ...