Election Petition - Non-disclosure of Criminal Cases - The appellant, a candidate in an election, faces allegations of not disclosing pending criminal cases against him [Para 16] - Contention that disclosure was not required under Section 33A of the relevant Act [Para 16] - Appellant argues that the non-disclosed cases do not fall within specified categories - Election petitioner alleges non-discl...
Writ of Mandamus - Jurisdiction - Appellants challenged the High Court's order and judgment - Contentions based on a previous order in Praveen Kumar v. Delhi Cantonment Board & Ors. - Court found the contentions baseless as the said order did not confer any indefeasible right on the appellant and did not pertain to the pending Civil Suit - Issue Deletion - Trial Court deleted certain issue...
Property Dispute - Alleged Sale of Portion of Inherited Property - Appellant and Respondent, brothers, in dispute over land inherited from their father - Allegation that one brother sold a portion of his share to the other - Possession of the sold land forcibly taken by Appellant - Suit for possession filed by Respondent - Lower courts returned findings in favor of Appellant - High Court set aside...
CIVIL APPEAL - Limitation - Condonation of delay - Justice-oriented approach - Delay of 52 days in filing the appeal - Whether the delay can be condoned - Effect of delay on deciding the matter on merits - Sufficient cause for condoning the delay - Supreme Court sets aside lower Appellate Court and High Court judgments, and condones the delay - Matter restored to the file of the lower Appellate Co...
Motor Accident Compensation – Appeal against quantum of compensation awarded by Motor Accident Claims Tribunal – Appellant sought enhancement of compensation – Accident resulting in multiple injuries to appellant, including fractures and muscle tears – Appellant underwent extensive medical treatment in various hospitals – Tribunal awarded compensation of Rs. 4,21,500/...
Delimitation Act 2002 – Section 10A and Representation of the People Act 1950 – Section 8A – Constitutionality challenged – Deferral of delimitation exercise in a State due to threats to unity, integrity, peace, and public order – Rescission of deferment order and entrusting delimitation exercise to the Election Commission – Challenge to the political inclusivit...
CRIMINAL PROCEDURE – Bail – Regular Bail – Grant of regular bail under Section 439 Cr.P.C. – Petitioner in custody for almost 4 years and 1 month in connection with FIR No.103 dated 07.05.2019 – Offenses registered under Sections 307, 353, 186, 224, 225, 34, 379-B, and 120-B IPC (Section 411 IPC added subsequently) and Section 25/27 of Arms Act at Police Station City ...
Civil Procedure – Non-Impleadment of Legal Representatives –Civil Revision against the order of the trial court dismissing the suit against a deceased defendant for non-impleadment of his legal representatives – CPC Order XXII, Rule 4 as amended for Punjab and Haryana allows the suit to proceed – Trial court directed to continue proceedings as if the deceased defendant were...
Seniority List – Regularization of Ad Hoc Appointees:
The regularisation of ad hoc appointees as Lower Division Clerks (LDCs) in the Election Commission of India (ECI) was undertaken much before the appointment of direct recruits. The direct recruits, who were not even on the rolls of the ECI at the time of regularisation, cannot challenge the regularisation of ad hoc appointees as their ...
Constitution of India, 1950 - Article 226 - Disciplinary Proceedings - Acquittal in Criminal Case - "Honorable Acquittal" - Tribunal modifying punishment - High Court upholds the modification - Peculiar facts and proportionality considered - Acquittal due to failure of prosecution to prove charges beyond reasonable doubt - Passage of time and various rounds of litigation - Petition dismi...