Defamation Allegation on Online Platforms – Section 69A of the IT Act – Directions against Intermediaries Denied – Petition Dismissed – The petitioner sought the removal of a video on YouTube alleging it to be defamatory and contrary to the rights of the Marthoma community – Held: The content in question does not fall within the scope of Section 69A of the IT Act, whi...
Criminal Law – Double Jeopardy – Section 300 Cr.P.C. – Petitioner was previously tried and acquitted by a Special Court in Delhi for charges under UAPA, IPC, and the Passport Act. Subsequently, he faced trial in Bengaluru for similar charges. The petitioner filed for discharge under Section 300 of Cr.P.C. to avoid being tried again on the same facts. The Special Court dismissed t...
Seniority List – Exclusion from List – Claim for Compensation – Respondent excluded from seniority list of Foresters appointed post-1980, allegedly due to not being in service during the list’s preparation. Respondent attained superannuation during litigation. Learned Single Judge directed appellants to pay monetary compensation for wrongful exclusion – Held, directio...
Eviction Proceedings – Non-Maintenance and Ill-Treatment – Petitioner challenged eviction from mother's property – Allegation of harassment and non-compliance with procedural rules – High Court found procedural defects in issuance of show cause notice and lack of verification of title by District Collector – Impugned order set aside, remanded for fresh considerati...
Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Admissions via Fraud – Cancellation of Admissions – RPMT 2009 – Allegations of Impersonation – Dismissal of Petitions – Petitioners challenged the cancellation of their MBBS admissions by Rajasthan University of Health Sciences (RUHS) due to allegations of cheating by impersonation in RPMT 2009 – Respondents relied on Forensic Science Laboratory (FSL) reports an...
Termination of Contractor License – Proportionality and Reasonableness – Writ Petition challenging the termination of a contractor’s license without a hearing and on grounds not related to the performance of contractual duties – High Court quashed the termination order, applying the principles of proportionality and Wednesbury reasonableness, highlighting the need for a rea...
Service Law - Pension Scheme – Switching Between DCRB and CPF Schemes – Rights under Clause 63(2) of DCRB Regulations – Employees who initially opted for the DCRB Scheme but later switched to the CPF Scheme can exercise their right to return to the DCRB Scheme under Clause 63(2), subject to refunding the employer’s share of provident fund and gratuity exceeding ₹70,000. D...
Delay and Laches – Petition Filed After 17 Years – Dismissal Justified - The Court observed that the petitioner failed to explain the delay of 17 years in filing the writ petition. No satisfactory explanation was provided for the long lapse between the impugned order and the filing of the PIL, making the petition liable for dismissal due to laches [Paras 21, 23].
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Motor Vehicle Accident Compensation – Legal Representative – The appellant, a married sister of the deceased, sought enhanced compensation under Section 173(1) of the Motor Vehicles Act. The Court held that the definition of "legal representative" under Section 2(11) of CPC includes siblings, and therefore, the appellant, though not dependent on the deceased, is entitled to c...