Civil Service Promotion – Challenge to non-promotion based on below benchmark Annual Performance Appraisal Reports (APARs) – Petitioner seeks promotion to Grade IV with Grade Pay Rs. 8700/- – Departmental Promotion Committee (DPC) recommended promotion for some officers but deferred consideration for 11 officers including the petitioner due to below benchmark APARs – Petiti...
Family Law – Divorce Appeal – Husband appeals against the family court’s decision of dismissing his divorce petition – Wife’s refusal to reside separately and allegations of cruelty against the husband cited as reasons for appeal. [Para 1-2]
Marital Behavior – Allegations of mental and emotional distress inflicted by the wife on the husband – Wife denie...
Criminal Offenses – Quashment of FIR and Charge Sheet – Application under Section 482 of Cr.P.C for quashing FIR and charge sheet – Allegations of commission of offense under Section 294 and 506 of IPC – Complaint based on allegations of abuse and threat – Examination of the factual matrix – Lack of specific allegations and necessary ingredients for the offenses...
Administrative Law – Central Administrative Tribunal's Order – High Court sets aside the Tribunal's order directing the Staff Selection Commission to form a High Power Committee for re-examining candidates' qualifications. The court found this to be parallel to existing legal proceedings. [Para 1, 3, 4]
Constitutional Law – Articles 14 and 16 – The ...
Civil Procedure – Interpretation of Rule 3-A of Order XLI of the Code of Civil Procedure, 1908 – Whether the prohibition against making an order of stay of execution under Rule 3-A(3) is mandatory – Legislative intent to ensure the consideration of the question of limitation before admission of appeals – Context and purpose of the rule examined. [Para 18-23]
Mo...
Property Dispute – Agreement to Sell – Interpretation of the clauses in the Agreement – Onus of applying for permission and intimating the respondents about it within a specified time – Consequences of non-performance of duties cast upon appellants – Suit for specific performance barred by limitation due to lack of diligence on the part of respondents. [Para 10-12]
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Disability Assessment - Evaluation of disability claims by Medical Board - Reports issued by the Medical Board upholding the claim of petitioners as persons with disabilities - No further clarification deemed necessary - Petitioners' claims upheld. [Para 1-3]
Admission of Disabled Students - Direction to treat the petitioners as persons with disabilities and consider their applications for ...
Land Acquisition Dispute - Contempt Proceedings - Fresh Demarcation Ordered - Disposition of Special Leave Petition - Allegation against respondent Authority for utilizing land without proper acquisition process, including the construction of a bus stand - Previous proceedings led to the quashing of acquisition proceedings but allowed for compensation or possession restoration - Contempt initiated...
Land Acquisition - Contempt Proceedings - Disputed land used for a bus stand - Court's order to determine compensation or restore land - Contempt initiated due to non-compliance - Contention over the land's identity - Previous demarcation proceedings - Exercise of Article 142 jurisdiction to resolve the matter - Direction for a fresh demarcation by Revenue Authorities - Compensation if con...
Arbitration - Validity of arbitral award - Dispute regarding delay in execution of a contract for a sewage water reclamation plant - Award allowed certain claims by Batliboi Environmental Engineers Limited (BEEL) for compensation - Arbitral award lacks detailed analysis and reasons for findings, especially concerning delay responsibility and computation of damages - Damages should be commensurate ...