Criminal Law – Double Jeopardy – Section 300 Cr.P.C. – Petitioner was previously tried and acquitted by a Special Court in Delhi for charges under UAPA, IPC, and the Passport Act. Subsequently, he faced trial in Bengaluru for similar charges. The petitioner filed for discharge under Section 300 of Cr.P.C. to avoid being tried again on the same facts. The Special Court dismissed t...
Delay and Laches – Petition Filed After 17 Years – Dismissal Justified - The Court observed that the petitioner failed to explain the delay of 17 years in filing the writ petition. No satisfactory explanation was provided for the long lapse between the impugned order and the filing of the PIL, making the petition liable for dismissal due to laches [Paras 21, 23].
Material ...
Eviction Proceedings – Non-Maintenance and Ill-Treatment – Petitioner challenged eviction from mother's property – Allegation of harassment and non-compliance with procedural rules – High Court found procedural defects in issuance of show cause notice and lack of verification of title by District Collector – Impugned order set aside, remanded for fresh considerati...
Admissions via Fraud – Cancellation of Admissions – RPMT 2009 – Allegations of Impersonation – Dismissal of Petitions – Petitioners challenged the cancellation of their MBBS admissions by Rajasthan University of Health Sciences (RUHS) due to allegations of cheating by impersonation in RPMT 2009 – Respondents relied on Forensic Science Laboratory (FSL) reports an...
Challenge to the selection process - Fair Price Shop - Re-enquiry of Godown Suitability – Lack of Authority under Clause 20(iv) of WBPDS – District Level Fair Price Shop Selection Committee (DLFPSSC) directed re-enquiry into the private respondent’s godown suitability after awarding marks in the original enquiry – Held: DLFPSSC had no authority under Clause 20(iv) of WBPDS ...
Property Law - Lease Cancellation – Default in Payment – Rule 12(3), Chandigarh Lease Hold Rules – Quashing of Resumption Orders – High Court’s Error – Appellants auctioned a booth site to the respondents on a 99-year lease, requiring installment-based payment of the premium – Respondents defaulted on payments, leading to lease cancellation by the Estate O...
Banking Law – Declaration of Fraud – Petitioner challenged the classification as 'fraud' by the respondent bank – Argument that such classification must be based on a majority rule among consortium banks with at least 60% share in the total lending as per RBI guidelines – Earlier Show Cause Notice quashed for non-supply of documents and lack of hearing – Petit...
Land Acquisition – Redetermination of Compensation – Application under Section 28-A of the Land Acquisition Act, 1894 – Beneficent legislation to aid inarticulate and poor people – Object to remove inequality in compensation payments – Restrictive interpretation rejected – Appeal allowed
Redetermination of Compensation – Section 28-A of the La...
Civil Law – Recovery of Money – Suit for recovery of ₹3,39,101/- – Commercial Court dismissed the suit – Appellant claims services rendered, respondent disputes cash payments – Held, respondent failed to establish cash payments – No credible evidence supporting cash payments – Appellant’s appeal allowed – Judgment and decree set aside –...
Service Law – Misappropriation and Disciplinary Action – Circular Providing Amnesty – Petitioner challenged the dismissal show cause notice and sought relief under Circular No.1/2017 granting amnesty for certain misdemeanors – Petitioner had a history of misdemeanors, leading to multiple punishments – Court found the circular was misused by employees to evade serious ...