Quashing of Government Orders – Ownership and Possession of Land – First Appeal against Trial Court Decree – Land in Bhopal under Urban Land Ceiling Act, 1976 – High Court upholds trial court’s decree in favor of respondents – Orders by state authorities regarding land declared null and void post-repeal of Urban Land Ceiling Act, 1999 – Respondents' ow...
Civil Procedure - Regular Second Appeal - Section 100 CPC - Suit for permanent injunction to restrain encroachment - Trial Court dismissed suit for lack of proof of possession by plaintiff - First Appellate Court allowed appeal holding plaintiff in possession - Appellants claimed possession through acts of tying cattle and placing cow dung cakes - Such acts not considered proof of exclusive posses...
Judicial discretion - Exercise of - Observations against judicial officer - Cancellation of bail - High Court making adverse observations against appellant, a judicial officer, regarding exercise of discretion in a criminal petition related to cancellation of bail - High Court directing appellant to undergo training at Judicial Academy - Supreme Court setting aside directions and expunging observa...
Constitutional Challenge Against Borrowing Restrictions – Kerala challenges Amendment Act No. 13 of 2018 amending Fiscal Responsibility and Budget Management Act, 2003, and subsequent Union's letters imposing borrowing ceilings - Asserts Union exceeded powers under Article 293 - Seeks interim injunction to borrow INR 26,226 crores [Paras 1-3, 5]
Challenging Fiscal Responsibility and B...
Service Law - Eligibility for Promotion - AMIE Certificate - Petitioner reverted from Superintending Engineer to Executive Engineer due to lack of degree in engineering—Petitioner holds AMIE certificate, argued to be equivalent to a degree—Court held that AMIE certificate may be equivalent but is not a degree—Rules require a degree in engineering for promotion to Superintending E...
LCD panels - Classification - Interpretation of General Rules of Interpretation of Schedule to Customs Tariff Act, 1975 - LCD panels classifiable under Chapter Heading 9013.8010 - Specific description prevails over general description - Goods falling under Chapter 90 excluded from Chapter 85 - General Note 3(a) and Note 1(m) of Chapter 85 clarified - Customs Tariff Act, 1975, General Rules of Inte...
Constitutional Law - Writ Petition - Suppression of Material Facts - Criminal Antecedents - Petition seeking quashing of verbal orders not to report for duty and preventing replacement by another contractual employee—Petitioner failed to disclose involvement in a criminal case (FIR No. 178 dated 30.03.2017 under Sections 306, 420, and 406 IPC) and custody from 06.04.2017 to 13.09.2017—...
Application sought directions - High Courts to fill vacancies from service judges or the bench up to 50% of their total strength of judges if a vacancy from the Bar Quota has been lying vacant for more than 6 months, appropriate directions to fill vacancies from the Judicial Service Quota as expeditiously as possible, and clarification to ensure that the ratio of quota of judges from the Service J...
Criminal Procedure - Quashing of Complaint - Limitation Period - Insecticides Act - Petition for quashing complaint for misbranded insecticide—Complaint filed after limitation period of three years—Sample drawn on 13.07.2012, analyst report dated 30.07.2012—Application for sanction submitted on 13.08.2015, sanction granted on 01.11.2017—Complaint filed on 05.01.2018—H...
Municipal Law – Computation of Period for Requisition of Meeting – Writ Petition against State Government’s disapproval of meeting convened by dissatisfied councillors – Section 25(3) of the Punjab Municipal Act, 1911 interpreted to mandate meeting within 30 days from the initial requisition – Meeting held beyond this period deemed invalid – Petition dismissed &...