Minority Educational Institutions – Unrecognized Madarsa – Power of Closure by State Authorities – Article 30(1) of the Constitution – District Minority Welfare Officer directed closure of the petitioner Madarsa on the ground that it was being run without recognition – Regulation 13 of the 2016 Regulations only provides consequence of non-recognition as denial of gove...
Civil Law – Recall of Witness – Order XVIII Rule 17 CPC – Discretionary Power – Witness once discharged cannot be routinely recalled for cross-examination – Trial Court failed to ascertain if valid reasons existed for Defendant No.1’s failure to cross-examine at relevant stage – Held: Order recalling P.W.2 unsustainable – Power under Order XVIII Rule...
Service Law – Promotion – Vigilance Case – Select List – Exclusion – Government servant included in select list for promotion as Commercial Tax Officer – Subsequently suspended and subjected to vigilance enquiry – FIR registered by Vigilance and Anti-Corruption Bureau after preliminary enquiry – Held: Registration of FIR in vigilance case after preli...
Suo Motu Jurisdiction – Temple Administration – Alleged Plunder of Sacred Assets – Court-Monitored Investigation – High Court initiated suo motu proceedings concerning alleged removal and substitution of gold-cladded plates from Dwarapalaka idols at Sabarimala – Special Investigation Team constituted pursuant to court directions – Continuous judicial supervision...
Accident Claim - Motor Vehicles Act – Insurer’s Liability – Absence of Fitness Certificate – Accident occurred after expiry of fitness certificate of offending pickup vehicle – Insurance policy contained no condition regarding fitness certificate – Evidence of insurer’s witness admitted absence of such condition – Held: Mere absence or expiry of fitn...
Service Law – Direct Recruitment – Professor in Government Engineering Colleges – Applicability of AICTE Regulations – Advertisement dated 23.09.2015 issued by Gujarat Public Service Commission for direct recruitment under State Recruitment Rules – Candidate participated in interview-based selection and failed to secure minimum qualifying marks – Challenge raise...
Criminal Law – Quashing of Criminal Proceedings – Section 482 CrPC – Power to be used sparingly – Prima Facie Case Absent – No Role Attributed – Names Not in FIR – Petitioners (except those named in FIR) not identified by witnesses and not linked to offences by any direct or circumstantial evidence – Held: Continuation of proceedings against such pet...
Motor Vehicles Act – Section 166 – Enhancement of Compensation – Homemaker Victim – 100% Disability – Vegetative State – Subsequent Death – Just Compensation – Tribunal awarded Rs.58,22,000/- for grievous injuries suffered in 2014 accident – Claimant remained in complete vegetative state till death in 2017 – Appeal confined to quantum &nd...
Transfer of Property Act, 1882 – Section 52 (Lis Pendens) – Applicability to Transferees Pendente Lite – Upheld – The doctrine of lis pendens, enshrined in Section 52 of the Transfer of Property Act, 1882, applies with full force to transfers made during the pendency of a suit – Such transfers are not void ab initio but remain subservient to the decree that ...
Family Law – Divorce by Mutual Consent – Consent Decree – Enforceability of Property Settlement – Parties entered into detailed consent terms under Section 13B of the Hindu Marriage Act including relinquishment of wife’s rights in jointly owned immovable property – Divorce decree expressly passed “as per terms and conditions stated in the petition” &...