Constitutional Law – Writ of Mandamus – Petition under Articles 226 and 227 of the Constitution of India seeking a Writ of Mandamus to direct the Chief Electoral Officer and the Regional Commissioner to consider the petitioner's representation for implementing free bus services for voters and increasing the number of polling booths – Respondents opposed the petition stating s...
Service Law – Appointment and Approval – Appellant school functionaries challenged the order directing approval of Mihir’s service – Contention on procedural lapses, lack of requisite qualifications, and alleged interpolations in records – High Court found Mihir was appointed against a sanctioned post and the procedural lapses were not substantiated by evidence &ndash...
Specific Performance – Readiness and Willingness – Suit for specific performance based on a sale agreement dated 02.08.2007 – Plaintiff alleged continuous readiness and willingness to perform her part of the contract – Defendants contended plaintiff's financial inability to pay the balance consideration in time – Trial court decreed the suit in favor of the plaint...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Service Law – Reinstatement – Concealment of Material Facts – Appeal by the State against reinstatement order granted to respondent who had resigned under alleged threat. Court finds material concealment by respondent regarding previous writ petition dismissals and rejections of representation by Police Headquarters – Appeal allowed, setting aside impugned judgment – ...
Refund of Tax – Settlement Scheme – Adjustment of Refund – Petitioner claimed refund of Rs. 10,69,89,606/- for the year 2011-2012 which was adjusted against dues for the year 2010-2011 – Petitioner already paid the dues for 2010-2011 under the Settlement Scheme – Adjustment by Respondents made without authority – High Court ordered refund with interest [Paras 1-...
Dress Code – Fundamental Rights – Petitioners challenged the dress code imposed by the college which prohibited the wearing of Hijab and Nakab, arguing it violated their rights to freedom of expression and religious practice under Articles 19(1)(a) and 25 of the Constitution. The High Court found that the dress code did not infringe on these rights, as it aimed to prevent the disclosur...
Civil Procedure – Eviction of Tenant – Bona Fide Need – Landlord sought eviction of tenant based on personal necessity – Tenant contested need and claimed sufficient accommodation existed – Appellate Authority reversed Rent Controller’s decision, upheld bona fide requirement – Long duration of proceedings, landlord’s death, and transfer of rights to ...
Superannuation Pension – Effective Date of Pension – Retired employees of Bangiya Gramin Vikash Bank challenged the date from which they were granted superannuation pension – Petitioners argued for pension commencement from the next day of their retirement, citing anomalies in the pension regulations and Supreme Court rulings – Court found regulations binding, noted petitio...
Preventive Detention – Grounds of Detention – Petitioner challenged her detention under the Jammu and Kashmir Public Safety Act – Alleged involvement in pushing young girls into forced prostitution and other criminal activities – Six FIRs registered against the petitioner – Detention order justified by Detaining Authority on grounds of public order disturbance –...