Judicial Review - Scope and Limitations in Departmental Inquiries – Emphasizes the limited scope of judicial review against departmental inquiry proceedings – Court's role is not to act as an appellate body or to re-appreciate evidence but to ensure that the findings of the inquiry are based on some evidence – The Court should not transgress the limits of judicial review, as ...
Execution of Decree – Possession of Immoveable Property – Interpretation of Order XXI Rules 97 to 101 of CPC – Appellant sought execution of decree for possession of immoveable property against respondent-Corporation – Respondent claimed encroachment on suit land by third parties – Executing Court dismissed execution petition stating decree was inexecutable due to enc...
Employee's Compensation Act, 1923 – Compensation Claim – Death of Driver During Employment – Appellants, legal heirs of deceased Sumer Singh, challenged High Court's reversal of Workmen's Compensation Commissioner's award of ₹3,26,140 with 12% p.a. interest under the 1923 Act. Supreme Court found merit in the appeal, reinstating the Commissioner's award. [Pa...
Tender Conditions - Additional Performance Security - Compliance with Clause 2.22.0 (ix) - Interpretation of a mandatory condition for submission of additional performance security within a specified timeframe - Effect of bank holidays and employee strikes - Appellant's compliance with the condition by submitting security on the third working day - No breach of Clause 2.22.0 (ix) - Acceptance ...
Criminal Appeal – Conviction under Sections 307 and 332 of IPC – Appellant convicted by Trial Court and High Court – Allegation of demanding ransom and threatening public – Attempted assault on police head constable during arrest – Injuries sustained by complainant simple, but intention and overt act established – Appellant challenged conviction on grounds of pr...
Contractual Dispute - Interpretation of contract clauses related to embankment construction with approved material and pond ash - Disagreement over measurement and payment methodology - Majority view of tribunals favoring composite measurement, minority view advocating separate measurements - Analysis of relevant contract stipulations and technical specifications. [Para 2-9]
Role of A...
Judicial Procedure - Compliance with statutory requirements for declaring an individual as a "proclaimed person" or "proclaimed offender" - Importance of thorough documentation and adherence to procedural guidelines - Quashing of FIR and all consequential proceedings due to lack of compliance with statutory requirements. [Para 13-15]
Guidelines for Issuance of Proc...
Counsel for the petitioner argued that the petitioner's exclusion from the final category list of KEAM 2023 was illegal due to the absence of a stipulation regarding the mandatory submission of the NEET score card. The court, after referring to a previous writ petition, found no grounds for interfering with the ongoing admission process. Justice Kunhikrishnan highlighted the necessity of maint...
Transfer Petition – Denial of Opportunity for Hearing – Petitioners aggrieved by the District Judge, Gurugram’s dismissal of their transfer application for Civil Suit No. CS/1615/2023. The petitioners claimed they were denied a fair hearing, causing apprehension of not receiving justice. Revision petition filed in the High Court. [Para 1-2]
Counsel’s Arguments ...
Right to Information (RTI) – Denial of RTI application under Sec.8(1)(j) of RTI Act, 2005 – Petitioner, a lecturer, seeks information about service particulars of certain individuals for redressal of grievances in service-related matters – Petitioner contends error in construing Sec.8(1)(j) – Court finds petitioner not a stranger to the institution and entitled to service p...