Constitutional Law - Electricity Connection – Valid Sale Deed in Unauthorized Colony – Cut-off Date for Regularization Arbitrary – Clause Quashed – The petitioner’s request for permanent electricity connection was denied due to a policy restricting registrations to documents executed before 31.07.2024 – Held: The cut-off date fixed in Clause 2.0 of the notificat...
Land Acquisition – Delay and Laches – Writ Petition Dismissed – The petitioner challenged the acquisition of land in Village Akurdi, Pune, which was acquired under the MID Act in 1971, with possession taken in 1972 – Petition filed in 2010, nearly 38 years after the acquisition – Held: Delay of over three decades is unexplained and renders the petition non-maintainabl...
Hindu Law – Coparcenary Rights – Birthright in Ancestral Property – Partition Decree Upheld – 1st defendant alienated part of the suit property claiming it was self-acquired – Courts found that the property was purchased from ancestral nucleus – 2nd plaintiff (son) had a birthright as coparcener in his father’s share – Sale to 3rd defendant (aunt) co...
Land Use Conversion – School to Nursing Home – Statutory Breach – Conversion Set Aside – Court held that the impugned layout plan dated 25.10.2021 violated the procedure under Section 79(3) of the HSVP Act and
Sections 4 & 5 of the 1963 Act – No public objections were invited – Authorities acted ultra vires – Layout plan quashed [Paras 6–9...
Employment Law - Home Guards Recruitment – Prior Approval Under Section 3 of HG Act – Not Required for Selection – Approval Needed Only at Appointment Stage – Writ Allowed - Petitioner challenged refusal by Commandant-General to accord approval to selection list on the ground that prior approval was not obtained – Held: Section 3 of the Odisha Home Guards Act requires...
Criminal Law - Cross-examination – Discretionary Recall Power – Denied for Delay and Abuse – Petition Dismissed – Petitioners sought to recall complainant witness under Section 311 CrPC, citing medical issues of previous counsel – Court found this unsubstantiated and held repeated non-appearance and adjournments amounted to abuse of process – Held: Recall not a ...
Muslim Law - Probate and Will – Requirement of Proving Testamentary Capacity and Absence of Suspicion – Will Rejected - Appellant claimed two Wills executed by deceased Tajuddin Shaikh in his favour – Trial Court and High Court found multiple suspicious circumstances including inconsistency regarding property ownership timelines, typewritten Wills with identical wording, and lack...
Civil Law - Landlord-Tenant Relationship – Effect of Family Settlement – Maintainability of Release Application – Tenant’s Claim of Co-Ownership Rejected – The petitioner contended that he was not a tenant under respondent no.3 and had become co-owner by purchasing a part of the tenanted premises from respondent no.4 – Held: Based on oral family settlement betwe...
Service Law - Reservation in Promotion – Quantifiable Data – Constitutionality Upheld – Petitioners challenged reservation policy dated 07.10.2023 alleging non-compliance with requirements under Article 16(4A) – Held: Haryana Government had undertaken a detailed cadre-wise and group-wise study demonstrating inadequacy of SC representation – State complied with the con...
Civil Law - Procedure – Order XVIII Rule 1 CPC – Right to Begin – Plaintiff Entitled to Lead Evidence – Deviation Not Justified – The appellant challenged the direction of the learned Single Judge requiring him (defendant) to lead evidence first in a partition suit – The High Court held that as per Order XVIII Rule 1 CPC, it is the plaintiff who has the right to...