Civil Law - Specific Relief Act – Extension of Time for Deposit – Rescission of Contract Denied – Appellants (judgment debtors) challenged the High Court's dismissal of their application under Section 28 of the Specific Relief Act, 1963, seeking rescission of a contract due to the plaintiffs’ (decree holders’) alleged failure to deposit the balance sale considerat...
Election Law – Improper Rejection of Nomination Papers – Judicial Review Barred – Petitioners sought to challenge the rejection of nomination papers for the Sarpanch elections in Punjab, alleging collusion between the Returning Officer and other candidates – Petitioners requested a stay on the election process – The State opposed the petitions, citing Section 89 of th...
Mandatory Injunction – Failure to Prove Ownership and Possession – Suit Dismissed – The appellants (plaintiffs) filed a suit for mandatory injunction seeking removal of a gate installed by the respondents after demolishing a wall, claiming ownership of the suit property – The trial court dismissed the suit, holding that the appellants failed to prove their ownership or poss...
Civil Writ - Right to Protest – Fundamental Rights vs. Reasonable Restrictions – Petitioners sought permission to hold a peaceful rally to protest against an incident at R.G. Kar Medical College and raise public awareness – Authorities denied permission citing public inconvenience and procedural lapses in the application – Court held: Fundamental rights under Article 19 can...
Writ – Election Law - Disqualification of Elected Sarpanch – Encroachment on Government Land – Section 14(1)(j-3) of the Maharashtra Village Panchayats Act – Petitioners sought disqualification of Respondent No. 1 (Sarpanch) based on alleged encroachment by his mother on government land – Held: Encroachment by a close family member can result in disqualification under...
Additional Evidence – Conditions under Order XLI Rule 27 CPC – Petitioners objected to the appellate court’s decision to allow production of a death certificate as additional evidence – Held: Additional evidence cannot be allowed unless statutory conditions under Order XLI Rule 27 CPC are met, such as showing that evidence was unavailable despite due diligence or that it is...
Civil Law - Principles of Natural Justice – Deletion of Name from Revenue Records Without Notice – The respondent's father’s name was deleted from revenue records without issuing notice or providing an opportunity of hearing – Held: Such deletion violates the principles of natural justice and the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Ac...
Public Service Commission – Recruitment Process – The court examined the issue of whether the State Government could demand additional proof of practice experience from candidates already selected by the Punjab Public Service Commission (PPSC) for the posts of ADAs and DDAs. It was held that the State Government's demand for further evidence of six court appearances each year was a...
Limitation Law – Application for Condonation of Delay – Appeal against Ex-parte Decree – Petitioners sought condonation of a 1050-day delay in filing an appeal against an ex-parte decree – The First Appellate Court dismissed the application for condonation of delay, resulting in the dismissal of the appeal – Held: Petitioners failed to provide sufficient cause for the...
Service Law - Recruitment - Disclosure of Pending Criminal Case - Bona Fide Mistake - Candidate failed to disclose pendency of criminal case due to lack of awareness - Not construed as suppression or fraud - Candidate acquitted honorably - Discharge order set aside - Reinstatement directed [Paras 3-16, 18].
Nature of Offence - Triviality of Alleged Crimes - Offences under Sections 341, 504, and...