The respondent, Ravinder Singh, was a candidate for the Delhi Higher Judicial Main Examination (Written), 2022. He sought re-evaluation of his answer script for question No.9 of Law Paper-I. His request for re-evaluation was rejected by a Committee of six Hon’ble Judges of the High Court. Aggrieved by the rejection, he filed WP(C) No. 434/2023 in the High Court of Delhi seeking quashment of ...
Jurisdiction – The petitioner invokes the extraordinary jurisdiction under Article 226 of the Constitution to challenge the validity of termination orders based on suppression of material facts regarding criminal conviction. The court considers the validity of the termination and its legal implications.
Facts – The petitioner, a teacher, faced a criminal case resulting in conviction...
Contempt of Courts Act, 1971 - Civil Contempt - Principles governing - Allegation of wilful disobedience of court order - Requirement to establish disobedience of court order and wilfulness - Liberal approach to be taken in adjudicating civil contempt cases - Clear violation of court order must be shown - Disobedience must be wilful and intentional - Casual, accidental, bona fide, or unintentional...
Village Common Lands - Jurisdiction to Decide Title Suits – The amendment of Section 13-A by Haryana Act No. 9 of 1999 confers jurisdiction to decide original title suits solely on the Collector – Held, orders passed by the Assistant Collector deciding such title suits are without jurisdiction and thus quashed – Assistant Collector’s decision dated 24.09.2016 is a nullity. ...
Kerala Building Tax Act – Exemption for buildings used principally for religious, charitable, or educational purposes – Interpretation of the phrase “charitable purpose” in relation to medical relief – Whether free medical relief is the only form of medical relief that qualifies as a charitable purpose – Previous judgments in SH Medical Centre Hospital v. State ...
Arbitration - Appointment procedure - Broad-based panel - Impartiality and independence - Counterbalancing of power - Scope of appointment procedure in government contracts - Principles laid down in Voestalpine case - Panel should include engineers from the private sector, legal professionals, and individuals from other fields - Need to create a healthy arbitration environment - Panel must be broa...
Contempt Petition - Reinstatement of petitioners and similarly situated members of Bharatpur Bar Association - Undertaking given by respondents' counsel - No obstruction on petitioners or similarly situated members acting as legal defense counsel - Coercive action warned for future incidents - Disposal of petitions - No impediment on the work of legal defense counsel.
Education Law - Writ of Mandamus and Certiorari – Petitioner sought release of Class XII results withheld under the category 'Not Eligible' – Held, Clause 42(v) of CBSE Examination Bye-laws, which requires students to clear compartment exams in the first attempt, is valid – No grounds to rewrite the clause – Petitioner's challenge to the clause is legally untena...
Writ Petition – Challenge to communication and appointment order – Allegations of lack of transparency and illegality in the selection process – Petitioner claiming to be more meritorious than the appointed candidate – Enquiry conducted, and report submitted stating no record of dispatching appointment orders – Petitioner continuously corresponding for updates and wai...
Motor Vehicles Act, 1988 – Compensation – Enhancement – Assessment of compensation by the Motor Vehicles Claims Tribunal – Appeal before the High Court – Appeal before the Supreme Court – Assessment of quantum of compensation – Consideration of evidence – Error in assessing income and disability – Revision of compensation awarded – Additi...