Civil Writ - Medical Admission – NEET-UG Counselling – Retention of Seat – Finality of Admission Process – The petitioner, who had been allotted a seat in Government Medical College, Nagpur, sought transfer to Topiwala National Medical College, Mumbai, alleging misallocation of the Hilly Area Open Women category seat – The petitioner had submitted a Status Retention F...
Civil Law - Power of Attorney – Nature and Revocability – Section 202 of the Contract Act – GPA Not Coupled with Interest – The appellants contended that a GPA coupled with an Agreement to Sell constituted an irrevocable agency under Section 202 of the Indian Contract Act – Held: A power of attorney is an instrument of agency and does not by itself create an interest ...
Service Law – Termination of contractual employees - Initial Constitution – Absorption of Ad-hoc Employees – Interpretation of Rules – SAI’s Recruitment Process – Legality of Termination – The respondents, appointed on a contractual basis as physiotherapists, challenged their termination and claimed absorption under the "initial constitution&quo...
Civil Procedure – Ex-Parte Decree – Delay in Filing Application – Scope of High Court’s Revisional Jurisdiction – The appellants, as plaintiffs, obtained an ex-parte decree in a suit for specific performance – The respondents filed an application for setting aside the decree along with an application for condoning the delay of 939 days – The Trial Court re...
Civil Writ - Registration of Births – Change of Name in Birth Certificate – Sections 14 & 15 of the Registration of Births and Deaths Act, 1969 – No Express Provision for Name Change – Held: The Act and Rules provide for registration of a child’s name if not initially recorded but do not contemplate a subsequent change of name – The Registrar was correct in ...
Civil Writ - War Hero Benefits – Eligibility for Employment under Policy Dated 19.08.1999 – Rejection Based on Mode of Discharge – Arbitrary Action by State – Petitioner No.1, an Indian Army soldier injured in an IED blast during Operation Rakshak, was discharged in a low medical category upon completion of service tenure – State denied benefits to Petitioner No.2 (hi...
Service Law – Temporary Employees – Right to Continue Till Work Exists – The petitioners, engaged as temporary employees in various judicial districts of Punjab, sought regularization of their services – The Court noted that while regularization had been rejected in similar cases (Bikramjit Singh v. State of Punjab, 2019), the petitioners had been continuously working witho...
Sanction for Prosecution – Retrospective application of amended Section 19 of the PC Act – Court held the amendment to Section 19(1) of the PC Act, which requires sanction to prosecute retired public servants, applies prospectively from the date of cognizance of the offence, not from the date of offence or FIR – Refusal of sanction by the Secretary, Industries Department, was set...
Administrative Law – Employment and Reservation Policy – Selection under Reserved Category – Delay and Laches – The petitioner sought appointment as Upper Division Clerk under the Freedom Fighter Category, claiming that a higher-scoring candidate was wrongly placed in this category instead of the General Category, affecting his selection – Held: Petition dismissed due...
Consumer Law – Definition of Consumer – Whether the borrower of a project loan qualifies as a "consumer" - Business-to-Business Transactions Not Covered – Respondent No.1 (a company) had availed a project loan from the appellant-bank for the purpose of film post-production – The Supreme Court held that a loan taken for business expansion constitutes a commercial p...