Ex-Servicemen Benefits – Pension and Increment Discrepancies – Discriminatory Provisions Declared Unconstitutional - Petitioners challenged amendments to Rule 8-B, which restricted benefits of military service during the Second National Emergency to those appointed in government service on or after 01.12.2011 – Court held the cut-off date arbitrary, creating unequal classes withi...
Constitutional Law – Judicial Review – Scope Under Article 32 – Dismissal of Writ Petition – Held: A writ petition under Article 32 challenging recovery proceedings initiated under SARFAESI Act and IBC is not maintainable – Petitioners failed to establish grounds for invoking Article 32 jurisdiction – Proper forum for such disputes lies with DRTs and NCLTs, as p...
Taxation Law - Excise Duty – Valuation of Goods – Price as Sole Consideration – Transaction Value Defined – Held: Sales between Oil Marketing Companies under an MOU did not satisfy conditions under Section 4(1)(a) of the Central Excise Act, 1944, as the price was not the sole consideration for the sale – The MOU primarily aimed to ensure uninterrupted supply, not comm...
Service Law - Disciplinary Proceedings – Initiation of Proceedings Near Retirement – Appellant, a Senior Medical Officer, subjected to disciplinary proceedings eleven days before retirement – Allegations included proceeding on leave without sanction, defiance of Election Commission directions, and non-participation in pulse polio program – Supreme Court found proceedings la...
Constitutional Law – Freedom of Speech and Assembly – Article 19 – Right to Hold Public Meetings – Held: The right to hold public meetings and rallies is integral to a democracy and is protected under Article 19 of the Constitution, subject to reasonable restrictions – Petitioners granted permission to hold the assembly with conditions to ensure public order and minim...
Debt Recovery – Recall of DRT Order – Petitioners challenged DRT’s recall of its order allowing inclusion of co-sureties’ properties in recovery proceedings – Petitioners contended recall was time-barred and caused prejudice – High Court held: DRT, as a statutory tribunal, possesses ancillary powers to recall orders to rectify errors apparent on record, provided...
Panchayat Law - No Confidence Motion – Jurisdiction of District Magistrate (Collector) – Section 15 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 mandates that the Collector alone has jurisdiction to act on a notice of no confidence motion – Delegation of such powers to an Inquiry Committee or District Panchayat Raj Officer is impermissible – Orders pass...
Civil Law - Temporary Injunction – Maintainability of Appeal – Non-Compliance with Order 39 Rule 3 CPC – Appeal against an ex parte interim injunction issued by the Trial Court restraining the appellant from proceeding with a General Body Meeting to consider expulsion of the plaintiff/respondent No. 1 – Held: Appeal maintainable under Order 43 Rule 1(r) CPC, as the Trial Co...
Writ – PIL - Challenge to the withdrawal of recommendations - Governor’s Role in Nominations – Article 171(3)(e) and Article 163(1) – Discretion Limited – Challenge to Governor’s non-action on the Council of Ministers' recommendations dated 6 November 2020 for Legislative Council nominations – Held: The Governor’s discretion under Article 171(3)(...
Matrimonial Law - Cruelty – Grounds for Divorce – Section 13(1)(i-a) of Hindu Marriage Act – Mere allegations of the respondent's alcohol consumption, association with male friends, and behavioral changes do not constitute cruelty without substantive proof – The appellant failed to establish specific acts of cruelty that rendered the marital relationship untenable &ndas...
