Election Petition – Filing Before Incompetent Forum – Limitation Not Condonable – Petition Barred – Petitioner’s election as Ward Member was challenged via an Election Petition filed before a forum lacking jurisdiction and re-presented after almost 2 years and 9 months – Held: Election Petition filed beyond the 30-day limitation was not maintainable; time spent ...
Eviction Suit – Failure to Comply with Standard Rent Fixation – Eviction Decree Restored – The tenant having consented to the fixation of standard rent at ₹50 per month in 1976, defaulted from 01.06.1982 onwards – No application for fixation of rent was filed under Explanation I to Section 12 of the Bombay Rent Act – The tenant's afterthought denial was rejected...
Civil Writ - Enforcement of The Drugs and Magic Remedies (Objectionable Advertisements) Act - Definition of Advertisement – Wide and Inclusive Scope – Section 2 of 1954 Act – The Court emphasized that the definition of ‘advertisement’ under Section 2 of the 1954 Act is wide, covering not only printed or broadcast media but also oral announcements, notices, wrappers, l...
Matrimonial Muslim Law - Ex-Parte Divorce Decree – Subsequent Remarriage – Decree Restored – The appellant-wife obtained a divorce decree under Section 2 of the Dissolution of Muslim Marriages Act, 1939 which became final and pursuant to which she remarried and had a child – The Court held that restoration of the matrimonial case would serve no purpose since appellant's...
Constitutional Law - Disability Rights – Judicial Service – Visually Impaired Candidates – Petitions challenging exclusion of visually impaired candidates from judicial service – Issue raised regarding the validity of Rules excluding such candidates and absence of reasonable accommodation – Supreme Court emphasizes equality doctrine under Articles 14, 15, and 16 of th...
Motor Accident Claim – Contributory Negligence – Finding Reversed – Claimant Exonerated – Tribunal had held both the bus driver and claimant contributorily negligent (50% each) because the claimant was driving an unregistered vehicle – High Court held that absence of registration does not imply causation unless overt negligence is shown – FIR and evidence confir...
Service Law - Review – Maintainability by Non-Party – Review Application Allowed - Deputy Registrar of CAT, though not a party to the original writ petition, was held entitled to maintain review application as the order affected the statutory powers of the CAT Chairman under Section 5(6) of the Administrative Tribunals Act, 1985 – Held: "Any person aggrieved" includes n...
Civil Writ - Employment Law - Recruitment Process – Statutory Compliance – Statute 415 of Pune University – Selection Process Vitiated – Petitioners alleged manipulation, lack of quorum, superficial interviews, and tampering of interview records – Management’s failure to comply with Circular No. 102/2023 requiring same-day submission of selection records –...
Land Acquisition – Comparable Sales – Reliance on Prior Awards – Compensation Enhanced - Landowners claimed parity with acquisitions under the 2010 notification for Malpura and Kapriwas where higher compensation was granted in Besco Ltd. and Habitat Estates Pvt. Ltd. – Held: Lands in Dharuhera and Malpura were adjoining and had similar development potential – Referenc...
Service Law - Public Employment – Hereditary Appointments – Subordinate Legislation Struck Down – Rule Declared Void - Bihar rule allowing retiring chaukidars to nominate dependent kin for appointment held unconstitutional – Supreme Court upheld Patna High Court's striking down of Rule 5(7)(a) of 2014 Amendment to Chaukidari Cadre Rules – Held: Rule violated Artic...