Constitutional Law - Judicial Service - Inter-se Seniority - Quota System - Judicial Review – The petitioners challenged the seniority list dated 24.12.2015 of the Punjab Superior Judicial Service. The primary issue was the inter-se seniority among officers appointed through three sources: promotion from Civil Judges (Senior Division) based on merit-cum-seniority and passing a suitability te...
Constitutional Law - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Eviction Proceedings - Judicial Review – The petitioner sought eviction of his daughter-in-law from a house owned by his parents under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The District Magistrate declined the eviction on the grounds of a pending civil suit. T...
Constitutional Law - Administrative Action - Principles of Natural Justice - Judicial Review – The petitioner was granted consent to establish a poultry farm by the Punjab Pollution Control Board. Subsequently, the NOC was revoked without issuing a show cause notice or granting a hearing, citing potential law and order issues due to public protests. The court held that the revocation without...
Constitutional Law - Gram Panchayat Autonomy - Utilization of Funds – Petitioners, Gram Panchayats, challenged State instructions dated 05.02.2015 directing transfer of grants to the Executive Engineer for executing development works – Court held that Gram Panchayats are bodies corporate and institutions of self-government as per Articles 243, 243-G, and 243-H of the Constitution &ndas...
Constitutional Law - Transfer Policy - Medical Grounds – Petitioner's transfer orders dated 17.09.2016 and 01.12.2016 were challenged based on the medical condition of her daughter, who suffers from "Epilepsy Severe Mental Retardation" – Transfer policy dated 29.06.2016 did not include this condition in the notified list of diseases – Court directed the respondents ...
Stamp Act – Applicability of Sections 33, 34, 37, and 39 of the Karnataka Stamp Act, 1957 – Agreement of sale with possession considered as conveyance – Insufficiently stamped instrument – Jurisdiction of trial court under Section 34 to impose ten times penalty questioned – High Court upheld penalty but Supreme Court found it premature – Direction for instrument...
RTI Act - Confidentiality of In-House Judicial Probes – Petitioner, Punjab and Haryana High Court, contested an order by the State Information Commission directing inspection of records and complaints related to an in-house probe of judges – Court held in-house probes are confidential for maintaining institutional credibility and should not be disclosed to third parties – The RTI...
Constitutional Law - Requirement for Hard Copy Submission Post Online Application – Petitioner contended that submitting hard copies after an nline application is irrational – Last date for receipt of hard copies was 06.04.2016; petitioner sent documents on 15.03.2016 but they did not reach the office – Court held that requiring hard copies along with certificates is not illegal ...
Family Law - Hindu Marriage Act - Validity of Marriage – Marriage during the subsistence of the first wife is void – Second wife not entitled to maintenance – However, child born from such a void marriage is legitimate and entitled to inherit the self-acquired property of the deceased father. [Paras 12-13, 20]
Family Law - Legitimacy and Inheritance – Children ...
Civil Procedure - Striking Off Defense - Extension of Time for Filing Written Statement – Petitioner's defense was struck off for failure to file the written statement within the statutory period of 90 days – Held, the power to extend the time beyond 30 days is not automatic and must be exercised with caution and adequate reasons – Extension beyond 90 days should be granted o...