Compassionate Appointment – Applicability of Rules at the Time of Death – Retrospective Effect Not Permissible – Claim Rejected - petitioners sought compassionate appointment for petitioner no. 2 under the Orissa Civil Services (Rehabilitation Assistance) Rules, 1990, after the death of the government employee – The opposite party rejected the application on the grounds tha...
Service Law – Pension Entitlement – Interpretation of Retirement Benefit Schemes – University Employees’ Rights – The appellant was appointed as a Junior Scientist cum Assistant Professor in 1987 and, as per the Rajendra Agricultural University Statutes, 1976, was required to opt for the Contributory Provident Fund (CPF) scheme if he did not wish to be covered under t...
Territorial Jurisdiction – Transfer of Proceedings – Section 25 of the Administrative Tribunals Act, 1985 – Retention of Case at Principal Bench of CAT – Validity of Chairman’s Order – Part of the Cause of Action Arising in Delhi – Petition Challenging the Retention of the Case by the Principal Bench of CAT dismissed – The respondent sought transfer ...
Medical Termination of Pregnancy – Rape Survivor – Judicial Review – Right to Life – Permission Granted – A 13-year-old minor, a victim of sexual assault, was diagnosed with a pregnancy beyond the permissible 24-week limit under the MTP Act – The petitioner (father of the minor) sought permission for termination, citing the grave risk to the child’s life d...
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...