Civil Writ - Revenue Records – Mutation Proceedings – Delay and Laches – Exercise of Power after Long Lapse of Time – Revenue authorities entertaining claims after an inordinate delay of 71 years from initial transactions and 26 years from issuance of pattadar pass books held impermissible – Even in absence of prescribed limitation, statutory powers must be exercised ...
Arbitration – Jurisdiction – Statutory Arbitration – National Highways Act – Section 3-G(5), Arbitration and Conciliation Act, 1996 – Section 42 – Petitioner NHAI contended that Section 34 petition filed by landowners challenging award of arbitrator should lie before District Judge, Mandi, as arbitrator was Divisional Commissioner, Mandi – Held: Notificati...
Civil Law – First appeal in Waqf title/possession suits – Additional evidence under Order XLI Rule 27 – Gazette Notification (30/11/1961) sought by Waqf Board and ryotwari patta/revenue proceedings and prior decree sought by defendants – Held: documents being crucial public documents, admissible as additional evidence – suits remanded for proof and fresh decision &nda...
Motor Accident Compensation – Fatal Accident – Negligence – Eyewitness Testimony – Claimants' deceased (ex-serviceman aged 45) died in motorcycle accident caused by rash driving of insured truck – Eyewitness (PW-3) testimony unshaken in cross-examination and FIR corroborated by chargesheet – Tribunal’s finding of rash and negligent driving upheld &ndas...
Service Law – Departmental Proceedings – Delay in Charge-sheet – Petitioner challenged two charge-sheets issued in 2019 and 2024 for alleged fraudulent medical reimbursements from 2010-2015 – Contended that unexplained delay of nearly a decade renders the action invalid – Held: Mere delay is not sufficient to quash disciplinary proceedings unless prejudice is shown &n...
Education Law – Student Union Elections – Lyngdoh Committee Recommendations – Petitioners sought mandamus for annual conduct of Student Union elections within 6–8 weeks of commencement of academic session as per Lyngdoh Committee – Court examined scope, enforceability and present applicability of recommendations in light of academic exigencies and institutional autono...
Administrative Law – Paddy Procurement – Engagement of Women’s Self Help Groups – Policy Decision – Exclusion of WSHGs from KMS 2025–26 – WSHGs engaged continuously since 2019 pursuant to 2019 Guidelines – State undertook performance review in 2024 based on complaints of mismanagement – Decision taken to restrict procurement activities to PACS ...
Writ Petition – Parole – Delay and Laches – Maintainability – Petitioner sought quashing of order rejecting parole dated 04.09.2024 and direction for release on parole – Petition filed after lapse of more than one year without any explanation – Held: Extraordinary jurisdiction under Article 226 is discretionary – A litigant who sleeps over his rights for a...
Civil Law – Order 7 Rule 11 CPC – Scope – Rejection of Plaint – At the stage of deciding application under Order VII Rule 11 CPC, only averments contained in the plaint are to be considered – Defence of the defendant or disputed questions of fact cannot be examined – Issues requiring evidence cannot be decided summarily [Paras 6–7].
Rent Contr...
Service Law – Medical Officers – Higher Studies – Sponsored DNB (Post MBBS) – Refusal of NOC – Discrimination – Article 14 – In-service Medical Officer of OMHS cadre denied NOC solely on ground of opting for Sponsored DNB – State policy dated 02.09.2022 distinguishing between Sponsored and Non-Sponsored DNB found arbitrary – No intelligible dif...