Service Law – Teacher’s Transfer – Quashing of Transfer Order – Appellant initially appointed as Teacher Grade-III without subject specification – Claimed eligibility and experience in Social Science based on optional subjects studied during graduation – Transfer order dated 09.01.2025 posted her as Teacher Level-II in English, a subject she had only as a compul...
Civil Writ - Stone Crusher Licence – Safer Zone Declaration – Validity of Licence – Cancellation Order Set Aside - Petitioners challenged the cancellation of their stone crusher licence on the grounds that the unit was allegedly within 100 meters of a Major District Road – It was held that the area had already been declared a safer zone in 2017 after proper inspection and g...
Civil Writ - Service Law – Compassionate Appointment – Claim for Higher Rank – No Policy Exists – Petition Dismissed – The petitioner sought appointment as Sub-Inspector or Assistant Sub-Inspector claiming parity with other individuals whose family members served as spies and were imprisoned in Pakistan – Held: There is no express or implied policy of the Punjab...
Nidhi Company – Rejection of NDH-4 Form – Violation of Natural Justice – Rejection Set Aside – The Petitioner, a registered Nidhi Company, challenged the rejection of Form NDH-4 on the grounds of delay in filing NDH-1 and non-filing of NDH-3 – Held: The first ground of delay does not survive as the filing was within the extended deadline granted due to the Covid-19 pa...
Partition Suit – Will – Earlier Declaratory Decree – Will Validated – The plaintiffs filed a suit for partition claiming Palaniammal died intestate – Defendants relied on an unregistered Will dated 05.08.1996 bequeathing life interest to first defendant and remainder to his sons – The Will was upheld in prior decree in O.S.No.549 of 2004 which attained finality ...
Civil Suit – Maintainability – Suit for Bare Injunction – Title in Dispute – Not Maintainable - The plaintiffs filed a suit for bare permanent injunction without seeking declaration of title, despite serious title disputes – The vendor's title was already negatived in previous proceedings under the Estates Abolition Act – Held: When title is under cloud, a s...
Medical Termination of Pregnancy – Rape Survivor Beyond 24 Weeks – Termination Allowed – Risk to Life Established – Petitioner, father of 13-year-old minor rape survivor suffering from Sickle Cell Anaemia and Epilepsy, sought termination beyond statutory limit – Medical Board concluded continuation of pregnancy posed life-threatening risks – Court held pregnancy...
Muslim Law - Wakf Administration – Direct Management – Mismanagement and Irregularities – Resolution Upheld - Petitioner, elected as President/Mutawalli, challenged the Wakf Board’s resolution dated 11.05.2022 assuming direct management of the mosque – Allegations included non-maintenance of accounts, unauthorized construction of minara, and fund misappropriation &nda...
Service Law – Regularisation – Omission from Earlier List – Entitlement Established – The Travancore Devaswom Board sought permission to regularise the services of three additional respondents who had completed five years of service as on 31.03.2012 – Their omission from the list regularised pursuant to judgment dated 31.05.2012 in W.P.(C) No. 6021/2011 was inadverten...
Service Law – Lokayukta Enquiry – Preliminary Memorandum Issued by Deputy Registrar – Not Invalid – Petitioner challenged departmental enquiry alleging procedural illegality under Section 9(3) of the Karnataka Lokayukta Act, contending only Lokayukta/Upa-Lokayukta could issue preliminary notice—Held: Though issued by Deputy Registrar, it was under Upa-Lokayukta’...