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...
Partition Suit – Final Decree Proceedings – Acceptance of Commissioner's Report – Challenge to Allotment – Road Access – Petitioners challenged the order of the Senior Civil Judge accepting the report, partition map, and allotment sheets submitted by the survey knowing Amin commissioner in final decree proceedings – Objections raised included exces...
Telecom Law – Jurisdiction of TDSAT – Dispute Between Service Providers – Plaintiff (a Class 'A' ISP) and Defendant No.1 (a Category 'A' ITSP) entered into an Operational Merger Agreement (OMA) for resource and infrastructure integration – Allegations of breach of contract, disruption of services, and withholding of infrastructure affecting thousands of end ...
Civil Law – Second Appeal – Limitation – Dismissal of Appeal on Ground of Delay – Plaintiff-Appellant challenged sale of religious Math property by Mahant, claiming such property was public trust – Suit dismissed; appeal dismissed for limitation – Second Appeal under Section 100 CPC filed challenging dismissal of first appeal – Held: Appellate Court rightl...
Execution Proceedings – Decree Satisfaction – Error in Appropriation – Appellants (KSEB and its officer) challenged the order of the execution court allowing attachment of their bank account to recover Rs.1,05,841/- as alleged balance under an enhanced compensation decree – Court found that the execution court erred in appropriating the entire earlier deposit (Rs.2,91,761/-...
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...
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...
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...
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...
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...