Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitione...
Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to ...
Constitutional Law - Maintainability of Writ in Contractual Matters - Guarantor’s Petition:Writ under Articles 14, 226, and 227 of the Constitution of India—Maintainability of writ petition by a guarantor in contractual matters—Extension of time under OTS Scheme by the Bank/secured creditor—Held, no absolute bar on entertaining a writ petition in contractual matters—C...
Constitutional Law - Delay and Laches - Right of Voluntary Employees to be Recalled – LPA challenging the dismissal of writ petitions seeking re-employment as Home Guards – Petitioners were volunteers and not temporary, ad hoc, or daily wagers – Held, Article 14 does not imply negative equality and a wrong benefit cannot be allowed to multiply – No legal right to be recalle...
Negotiable Instruments Act - Compounding of Offence – Petition under Sections 482 and 397 CrPC seeking compounding of offence under Section 138 of the Negotiable Instruments Act – Powers under Section 147 of the NI Act can be invoked at any stage of the proceedings including trial, appeal, or revision – Courts encouraged to be liberal in exercising such powers – Offence com...
Property Law – Nazul Plot – Auction and Conversion – Appeal concerning a Nazul plot wherein the highest bid by City Montessori School was initially accepted but later cancelled – Subsequent conversion of leasehold rights to freehold in favor of an alleged lessee found to be illegal by the High Court – Supreme Court upholds the High Court’s decision, emphasizing ...
Minority Educational Institutions - Declaration and Jurisdiction – Appeal against the order of the National Commission for Minority Educational Institutions (NCMEI) declaring St. Kabir Public School as a minority educational institution – NCMEI accepted the complaint by the school against the show cause notice issued by Chandigarh Administration – Held, institution not establishe...
Custody of Minor - Mother's Right – Writ of Habeas Corpus under Article 226 – Section 6 of Hindu Minority and Guardianship Act, 1956 – Custody of minor girl child aged less than 5 years – Petitioner-mother sought custody from father and grandparents – Held, mother's love and care indispensable for healthy growth – Grandparents unable to provide equivalen...
Criminal Law - Additional Evidence - Filling Lacunae – Petition under Section 482 CrPC challenging order allowing additional evidence under Sections 246(6) and 311 CrPC – Complainant sought to examine additional witnesses after evidence closed – Held, Section 311 CrPC allows additional evidence only if essential to secure justice – No evidence shown to be crucial – Al...
Parole - Temporary Release for Medical Reasons – Petition under Section 482 Cr.P.C. seeking parole under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner’s mother seriously ill and hospitalized – Petitioner previously released on emergency parole without misuse – Parole rejected on grounds of apprehension of absconding a...