Service Law – Terminal Benefits – Right to Gratuity – Delay in Payment – Liability of Employer – Withholding of terminal dues of retired employees on ground that PACS had not remitted its share to DCCB – Petitioners, all senior citizens, rendered unblemished service and retired between 2009 and 2013 – Held: Right to gratuity is a statutory and enforceable ...
Banking Law – One Time Settlement (OTS) – Judicial Review under Article 226 – Commercial Discretion of Bank – Petitioner, guarantor of defaulting borrower, challenged rejection of OTS proposal and sought mandamus to direct the bank to disclose benchmarks and accept settlement—Held: No borrower or guarantor can claim OTS as a matter of right—OTS being a policy-ba...
Election Law – Rejection of Nomination – Writ Jurisdiction – Bar under Article 329(b) – Maintainability – Petitioners challenged rejection of nomination papers for 2025 Bihar Assembly Elections under Article 226 – Allegations of denial of natural justice and arbitrary rejection of caste certificate – Held: Once election process begins, remedy lies only in ...
Guardianship – Custody of Minor – Interim Custody to Father – Welfare Paramount – Appeal under Section 19 of the Family Courts Act challenging Family Court’s interim order granting father custody of minor girl (aged 4 years, Russian national) and restraining mother from taking child abroad – Held: Welfare and stability of child take precedence over statutory par...
Civil Writ - Rent Control – Court Fees – Determination of Applicable Provision – Petitioner challenged the calculation of court fees on execution of order passed under Section 10(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021 (Act No.16 of 2021) – Rent Authority had demanded fee as per Section 7(xi-b) of the Court Fees Act, 1870 treating it as recovery of pos...
Civil Writ – Quashing Show Cause Notice - Legislative Privileges – Newspaper Publication – Breach of Privilege – Petitioners (Editor and Chief Reporter of Sakshi Daily) challenged Privilege Committee’s notice dated 03.06.2025 for a news item “Kotlu Karchu … Shikshana Tussu” alleging wasteful expenditure in MLA training – Contended that publica...
Civil Law – Ownership and Possession – Adverse Possession – Article 65, Limitation Act, 1963 – Plaintiff inherited property from her deceased husband – Defendant, plaintiff’s sister, claimed ownership based on alleged gift and alternatively adverse possession since 1971 – Mutation Entry No.49 showing defendant’s name cancelled in 1984 after inquiry r...
Banking Law – Guarantee and Mortgage by Power Agent – Co-extensive Liability – Power of Attorney – Respondent No. 7 executed General Power of Attorney in favour of wife authorising her to mortgage, guarantee and receive consideration – Power agent executed mortgage in favour of Axis Bank to secure loan granted to borrowers (Respondents 1–6) – Upon default,...
Judicial Officers – Disciplinary Proceedings – Bail Order – Alleged Extraneous Motive – Charge of Misconduct – NDPS Act – Section 167(2) Cr.P.C. – Rule 16, CCA Rules, 1958 – Officer dismissed for allegedly granting bail to accused under NDPS Act with oblique motive upon change of advocate – Enquiry Officer held charge proved – Full Court ...
Vehicles – Inter-State permits – Overlap with notified intra-State routes – Chapter VI overrides Section 88 – Inter-State agreement not “law” – Private operators cannot be allowed on overlapping notified routes absent express statutory carve-out – High Court directions set aside – Writ petition dismissed – States directed to confer and co...