Civil Writ - Right to Protest – Fundamental Rights vs. Reasonable Restrictions – Petitioners sought permission to hold a peaceful rally to protest against an incident at R.G. Kar Medical College and raise public awareness – Authorities denied permission citing public inconvenience and procedural lapses in the application – Court held: Fundamental rights under Article 19 can...
Writ – Election Law - Disqualification of Elected Sarpanch – Encroachment on Government Land – Section 14(1)(j-3) of the Maharashtra Village Panchayats Act – Petitioners sought disqualification of Respondent No. 1 (Sarpanch) based on alleged encroachment by his mother on government land – Held: Encroachment by a close family member can result in disqualification under...
Additional Evidence – Conditions under Order XLI Rule 27 CPC – Petitioners objected to the appellate court’s decision to allow production of a death certificate as additional evidence – Held: Additional evidence cannot be allowed unless statutory conditions under Order XLI Rule 27 CPC are met, such as showing that evidence was unavailable despite due diligence or that it is...
Civil Law - Principles of Natural Justice – Deletion of Name from Revenue Records Without Notice – The respondent's father’s name was deleted from revenue records without issuing notice or providing an opportunity of hearing – Held: Such deletion violates the principles of natural justice and the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Ac...
Public Service Commission – Recruitment Process – The court examined the issue of whether the State Government could demand additional proof of practice experience from candidates already selected by the Punjab Public Service Commission (PPSC) for the posts of ADAs and DDAs. It was held that the State Government's demand for further evidence of six court appearances each year was a...
Limitation Law – Application for Condonation of Delay – Appeal against Ex-parte Decree – Petitioners sought condonation of a 1050-day delay in filing an appeal against an ex-parte decree – The First Appellate Court dismissed the application for condonation of delay, resulting in the dismissal of the appeal – Held: Petitioners failed to provide sufficient cause for the...
Service Law - Recruitment - Disclosure of Pending Criminal Case - Bona Fide Mistake - Candidate failed to disclose pendency of criminal case due to lack of awareness - Not construed as suppression or fraud - Candidate acquitted honorably - Discharge order set aside - Reinstatement directed [Paras 3-16, 18]. Nature of Offence - Triviality of Alleged Crimes - Offences under Sections 341, 504, and...
Mandatory Injunction – Restoration of Watercourse – Evidence and Co-Sharer Rights - Appellant sought restoration of a demolished watercourse from the disputed tubewell to irrigate his fields – Trial Court found evidence, including admissions by defendant’s witnesses and documentary proof (Ex.P1 and Ex.P4), substantiating the existence of the watercourse and tubewell –...
Civil Law - Trust Property – Reversionary Rights of the Trust – Section 19(b) of the Shri Ganpati Panchayat Sansthan Act, 1940 – Land granted by the Sansthan to Sangli State for running a public hospital – Public hospital shifted to an alternate location – Held: The Sansthan retained ownership of the land, and upon cessation of the public purpose, the land must revert...
Property Law - Coparcenary Property – Burden of Proof – Claim Dismissed for Lack of Evidence - Plaintiff-appellant claimed that the suit land was ancestral coparcenary property and could not be sold without legal necessity – Court held that no documentary evidence corroborated the appellant's claim, and oral testimonies were insufficient to establish that the land was inherit...
