Civil Procedure – Remand by First Appellate Court – Challenge in High Court against the remand order of the First Appellate Court that sent the original suit (OS No.227 of 1995) back for fresh disposal in the light of additional evidence – High Court scrutinized whether the First Appellate Court’s decision adhered to the procedural requirements under Order 41, Rule 28 of CP...
Negotiable Instruments Act – Presumption under Section 139 – Acquittal – Special Leave to Appeal – The application sought special leave to appeal against the acquittal judgment, arguing that the presumption under Section 139 should apply once the signature on the cheque is admitted. Held: The complainant failed to prove the contentions in the complaint. Without proving the ...
Administrative Law - Recruitment - Examination Fraud - Natural Justice - Judicial Review- Violation of Principles of Natural Justice - No Vested Right – Civil writ petition under Article 226 challenging the decision to scrap the merit list and re-conduct the Naib Tehsildar examination – Held: The petitioners do not acquire any vested right merely because they were shortlisted. No appoi...
Review Petition - Public Purpose - Land Acquisition - New Evidence - Unauthorized Representation-Review Petition - Grounds for Review – Review petition under Article 227 challenging the judgment dismissing the challenge to land acquisition proceedings – Held: Review can be sought only if there is a manifest error or mistake in the judgment. The grounds for review must include new evide...
Electricity Law - Recovery of Arrears - Limitation – Disconnection-Limitation on Recovery of Arrears - Electricity Supply – Letters Patent Appeal challenging disconnection of electricity due to arrears under Section 56(2) of the Electricity Act, 2003 – Held: PSPCL cannot disconnect electricity supply for arrears beyond two years from the date of first demand. Arrears prior to 07....
Reservation for Scheduled Castes - Public Employment - Scheduled Caste Certificate – Migration- Scheduled Caste Certificate - Validity Across States – Letters patent appeal challenging the denial of reservation benefits due to a Scheduled Caste certificate issued by the State of Haryana – Held: A resident of a particular state generally cannot claim reservation benefits in anothe...
Service Law - Seniority - Compassionate Appointments - Administrative Instructions vs. Statutory Rules-Seniority - Compassionate Appointments vs. Direct Recruits – Civil writ petition under Articles 14 and 226 challenging the seniority list dated 22.03.2012 – Held: Seniority must be granted in accordance with statutory service rules. Administrative instructions cannot override statutor...
Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...
Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportuni...
Service Law - Validation of Degrees - Distance Education - Special Examination- AICTE Special Examination – Petition under Article 309 challenging the denial of benefits based on an engineering degree obtained through distance education – Held: The Supreme Court ordered the suspension of engineering degrees for students enrolled during 2001-2005 but did not declare these degrees illega...