Civil Writ - Transgender Rights – Indirect horizontality – Omissive discrimination – Reasonable accommodation – Private school recruitment – Second School denied employment after disclosure of gender identity; violation of Arts. 14, 15, 21 and ss. 3, 9 of 2019 Act – First School’s intentional discrimination not proved though grievance redressal deficient &...
Mortgage Suit – Attestation Defect – Limitation for Personal Decree – Section 20, Limitation Act; Order 7 Rule 6 & Order 41 Rule 33 CPC – Appeal Allowed – Suit Dismissed – Plaintiffs sued on a simple mortgage; trial court refused sale for defective attestation but granted personal money decree; High Court upheld money decree while holding attestation good ye...
Civil Writ - Public Employment – Communal Reservation – Article 16 of the Constitution – Communal G.O. Declared Void – The petitioner, a qualified Brahmin advocate, was denied selection for the post of District Munsif under a communal reservation scheme that allocated posts to specific castes and communities – The Court held that while Article 16(4) allows reservation...
Mortgage – Contribution vs Subrogation – Sections 82 & 92 TPA; Section 43 Contract Act; Order 34 Rule 2(1) CPC – Appeal partly allowed with remand – Co-mortgagor redeeming the decree by sale of his separate property claimed personal contribution in equal thirds under Section 43 – Held: Contribution arising out of a mortgage is governed by the special law in the Tr...
Fundamental Rights – Protection against State Action – Articles 19(1)(f) and 31(1) – Petition under Article 32 against private bank – Not Maintainable – The petitioner alleged violation of his fundamental rights to property due to sale of his shares by the Central Bank of India Ltd., a company incorporated under the Companies Act – Held: Articles 19(1)(f) and 31...
Taxation Law - Bad Debt – Section 10(2)(xi), Income-tax Act – Debt of Earlier Firm Taken Over into Assessee’s Money-Lending Business – Deduction Allowed – On dissolution/closing of a prior partnership, assessee took his half share in a decree debt (₹8,197), opened debtor’s account in his own HUF money-lending books, credited later recoveries, and wrote off ₹...
Land Revenue – Government Resolution of 1865 – Invalid Grant but Long Possession – Effect – Government gave land to Municipality for market free of rent; no formal grant executed as required by statute – Municipality built Crawford Market at large expense and remained in possession over 70 years without paying assessment – Held: possession under colour of invali...
Judicial Services – Selection Criteria – Minimum Marks in Viva-Voce – Rule 10, Delhi Higher Judicial Service Rules, 1970 – Advertisement invited applications for 20 vacancies including reserved category posts – Petitioners belonging to Scheduled Caste category failed to secure 45% minimum marks in viva-voce – Contention that fixing minimum marks for interview wa...
Service Law – Recruitment – Cancellation and Re-Test – Irregularities in Examination – Appellants challenged High Court’s order directing appointments based on first written test despite Railway Board’s decision to hold re-test due to large-scale malpractices – Vigilance and CBI reports revealed serious irregularities including impersonation, mass copying ...
Service Law – Recruitment to Public Posts – Writ Jurisdiction – Maintainability – Dispute relating to recruitment of Graduate Primary Teachers in Karnataka – Challenge raised by married women candidates regarding rejection of caste-cum-income certificates issued in the name of parents instead of husbands – Held: High Court erred in entertaining writ petitions di...