Civil Writ - Education – Provisional Selection – Right to Admission – A student was provisionally selected for admission to Class VI but later denied admission due to an age eligibility issue, despite official notices not being specifically addressed to her guardian – Held: The selection process was flawed due to omissions by school authorities – Student should not su...
Custody of Child – Jurisdiction of Family Court – Section 26 of the Hindu Marriage Act – The petitioners argued that once custody was granted to the mother in a divorce decree, the Family Court had no jurisdiction to entertain a fresh application under Section 11 of the Guardian and Wards Act – High Court held that Section 26 of the Hindu Marriage Act allows modification of...
Civil Law – Permanent Injunction - Licensee’s Rights – No Vested Interest in Property – The plaintiff was permitted to run a canteen in a government hospital on a license basis – License was revoked due to unhygienic conditions and non-compliance with terms – Held: A license is merely a permission to use property without creating any interest in it – Plain...
Legal Representative – Determination under Order XXII Rule 5 CPC – Appellant sought substitution as the sole legal representative of the deceased plaintiff based on a registered will – Trial Court rejected the application citing absence of a legal heir certificate and presence of other legal heirs – High Court upheld the dismissal but allowed liberty to implead other legal ...
Service Law - Seniority Dispute – Change in Promotion Date – Rule 8 of the 1991 Rules – State Government’s power to revise seniority – Invalid Exercise of Power – The petitioners, promoted as Review Officers effective from 30.06.2016, challenged the modification of their promotion date to 13.07.2016, which resulted in their demotion in seniority – The High...
Civil - Partition Suit – Challenge to Prior Partition – No Partition by Metes and Bounds Proven – The original plaintiffs sought partition and separate possession, while the defendants opposed the suit, claiming a prior partition in 1974 and exclusive ownership based on tenancy rights – The First Appellate Court held that there was no legally recognized partition and that t...
Civil Law - Provident Fund – Levy of Damages for Delayed Remittance – Whether Mandatory – The Tribunal set aside damages under Section 14B citing lack of willful default—Held: Mens rea is not required for imposing damages under Section 14B—Authority must consider aggravating and mitigating factors but cannot mechanically waive damages—Tribunal’s order set ...
Industrial Disputes – Reinstatement vs. Lump Sum Compensation – Unfair Labour Practices – The petitioner, a government-aided private college, challenged the Labour Court's order of reinstatement with 50% back wages – Respondents (workmen) were retrenched in 2006 after completing 240 days but were appointed on ad hoc basis without approval from the competent authority &n...
Contractual Matters – Tender Process – Judicial Review – Petitioner challenges the award of contract for supply of Liquid Medical Oxygen (LMO) to respondent No.5, alleging that PGIMER unlawfully relaxed eligibility criteria for respondent No.5 – Respondent No.5, a startup MSME, was allowed relaxation of experience and financial turnover requirements as per General Financial...
Amendment of Pleadings – Order 6 Rule 17 CPC – Scope of Court’s Discretion – Amendment Necessary for Proper Adjudication – The plaintiffs filed an application seeking amendment of the plaint to add a prayer for possession after alleging that the defendants constructed shops and rooms on the suit property during the pendency of the suit for injunction. The Court held t...