Constitutional Law - Pension - Withholding of Pension - Departmental Inquiry - Judicial Review – The petitioner, a retired Excise and Taxation Officer, had his pension stopped following his conviction under the Prevention of Corruption Act. The court held that it is necessary to determine the misconduct by holding a departmental inquiry before stopping the pension of a retiree, as per the li...
Constitutional Law - Lok Adalat - Jurisdiction and Powers - Judicial Review – The petitioners challenged the order of the Permanent Lok Adalat, which had decided the issue of tampering with an electricity meter and unauthorized use of electricity in favor of the consumer. The court held that Lok Adalats are not constituted for adjudicatory or judicial functions. Their primary role is to expl...
Benami Transactions – Exception under Section 2(9)(A) – Dismissal of Application for Rejection of Plaint – Property transferred or held by a person where consideration is paid by another person and held in a fiduciary capacity not a benami transaction – Procedure for declaring a benami transaction outlined in the Act – Mere assertion by petitioner insufficient to abor...
Promotion Criteria – Eligibility for Inspector of Police – Rule 13.14(2) of Punjab Police Rules – Petitioners challenged promotions to post of Inspector based on eligibility criteria of eight years' experience – Held, Rule 13.14(2) applies to all Sub-Inspectors regardless of direct recruitment or promotion – No discrimination in eligibility criteria – Petiti...
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...
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...
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...
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...
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...