Challenge to High Court’s directions in Writ Petition (C) No. 7080 of 2005 – Appellants challenge validity of High Court’s directions issued superseding CAT’s order – Respondent seeking promotion under Flexible Complementing Scheme – Original application before CAT disposed with direction to clarify promotion guidelines – Appellants aggrieved by High Court...
Constitutional Validity – Section 16 of the Hindu Marriage Act, 1955 – The Court upheld the constitutional validity of Section 16, which legitimizes children born from void and voidable marriages, stating that it serves the purpose of social justice and protects the rights of innocent parties. [Para 1-10]
Legitimacy and Property Rights – Hindu Marriage Act, 1955 and Hindu Succ...
Jurisdiction - Territorial Jurisdiction in Disciplinary Matters - The inquiry, though initiated while the appellant was working in Dhanbad, relates to facts that occurred while he was working in Muzaffarpur, Bihar - The entire allegations were of facts that occurred within the State of Bihar - High Court of Patna has jurisdiction to consider the question raised regarding the order of dismissal. [P...
Facts - petitioner, Smt. Shrenika, challenged the detention orders against a detenue - failure to provide relevant documents to the detenue within a 21-day period and the absence of translated and legible copies for proper representation before the Government and Advisory Board.
Detention – Legal Formalities - Non-compliance with the 21-day period for providing relevant documents to...
Criminal Appeal – Conviction under Section 304 Part II of the IPC – Appellant convicted by the trial court – Dissatisfaction with the conviction – State’s appeal against the acquittal of other accused – Sequence of events leading to trial examined – Previous quarrel between accused and deceased – Appellant accused of assaulting deceased with a knife ...
Civil Procedure Code – Jurisdiction – Suit for defamation against news channel – Jurisdiction of High Court questioned – Appellant alleged that news channel telecasted false and damaging news reports about respondent cricketer – High Court’s order declining transfer of suit to subordinate court challenged – Forum non conveniens considered – High Cour...
Writ Petition – Clinical Negligence – Compensation – Challenge against the award passed by the West Bengal Clinical Establishment Regulatory Commission (WBCERC) directing Park Hospitals to pay Rs. 20 lakh for alleged medical negligence in the treatment of Dr. Shraddha Bhutra. [Para 1]
Factual Background – Medical Treatment – Dr. Bhutra, pregnant and under...
Interlocutory Application – Order 39, Rule 1 and 2 read with Section 151 of CPC – Suit for partition of ancestral property – Allegation of mortgage of property by defendant without plaintiff’s knowledge – Defendant’s contention of initiation of SARFAESI proceedings – Defendant’s claim of Civil Court lacking jurisdiction – Trial Court granting t...
Petition for ‘No Objection Certificate’ – Petitioner challenges the rejection of his application to open a retail meat shop. The rejection is based on an unfavorable police report, citing proximity to religious places and potential unauthorized meat sales. [Para 1-3]
Presumptive Grounds – The court finds that the ground of potential unauthorized meat sales is presumptive...
Civil Revision Petition – Land Dispute – Prima facie case for injunction – Discrepancy in revenue records for a couple of years – Plaintiffs' claim to land ownership and possession supported by recent records – Prima facie case in favor of plaintiffs – Interim injunction granted – Lower courts' reliance on irrelevant documents for denial of injunct...