Judicial Service – Inter se Seniority in Higher Judicial Service – Annual 4-Point Roster – Loss of ‘Birthmark’ – Merit-cum-Seniority – Service in Lower Judiciary Not Relevant – Proposals for Extra Weightage / Quota for Promotees Rejected – Uniform Guidelines Issued Under Art. 142 – Directions to Amend State HJS Rules [Paras 38–52, 5...
Administrative Law – Termination of License – Writ Against APTDC – Maintainability – Petitioner challenged termination of license granted under agreement dated 03.10.2020 for operation of shop at Rushikonda Beach – Held: Though APTDC is ‘State’ under Article 12, disputes arising from license agreements are contractual and remedy lies in civil suit for dama...
Public Interest Litigation – Allegations of Corruption – Vague and Unsubstantiated – PIL filed alleging illegal constructions and misuse of public office by newly appointed Lieutenant Governor of Ladakh and Jammu Development Authority – Petition contained bald and generalized allegations without any documentary evidence or reference to the alleged social media posts –...
Commercial Courts Act – Jurisdiction – Construction and Infrastructure Contract – Commercial Dispute – Development agreement arising from a tender process for residential housing project – MOU involved construction, infrastructure, and commercial intent – Held: Dispute falls under Section 2(1)(c)(vi) of the Commercial Courts Act – Suit not maintainable bef...
Medical Reimbursement – Belated Claim – Right to Health under Article 21 – Claim for treatment during 2007 scrutinised and approved (after 15% cut) under A.P. Medical Attendance Rules – G.O.Ms.No.230 dated 15.10.2011 held prospective and cannot override constitutional rights – Executive orders cannot nullify statutory rules or fundamental rights – Memo returning...
Specific Performance – Time as Essence – Waiver – Immovable Property – Agreement to sell dated 25.08.1990 required payment of ₹25,000 by October 1990 – Defendants issued successive notices (23.02.1991 and 26.03.1991) granting further time – Held: Conduct amounts to waiver; time not essence under Section 55 of Contract Act – Defendants themselves kept con...
Municipal Law – Unauthorized Construction – No Building Permission – Applicant alleged that Respondents No. 1 and 2 raised illegal commercial construction without sanction on House No. 233/42, Nai Sadak, Gwalior – Municipal Corporation confirmed construction was carried out between 2016–2017 without prior approval – Notices issued by Corporation in 2016 and 2017...
Environmental Restoration – Corbett Tiger Reserve – CEC Supervision – Restitutive Principles – Polluter Pays – Precautionary Principle – Ecocentrism – Expert Committee report accepted – State of Uttarakhand directed to submit restoration plan, demolish unauthorised structures, and comply within time-bound schedule – Restoration to be supervised...
Execution – Order XXI Rule 97 CPC – Objector (mother of JD) asserting 1/3rd independent share in auctioned property – Plausible claim based on joint family nucleus – Executing court bound to adjudicate by framing issues and allowing evidence – Summary rejection improper – Matter remanded for full adjudication [Paras 27–36].
Execution of Decree – O...
Taxation Law – Condonation of Delay – Delay of 78 days in filing tax revision under Section 60 TNVAT Act – State cited administrative delay due to vacancy of Deputy Commissioner and Joint Commissioner – Delay held unjustified by one judge as cause shown lacked diligence and appeal was a “dummy” filed merely to defeat limitation – Held: Filing of incomplete...