Public Interest Litigation – Post-Poll Violence – Allegations of post-election violence following the 2024 West Bengal state elections – Petitioners raised concerns over the safety and security of citizens, citing incidents of violence and the State Police’s alleged failure to act – High Court directed the continued deployment of Central Forces until 21st June 2024 to...
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...
Bank Accounts – Defreezing – Appeal against the order to defreeze the accounts of CSI West Bengal Branch – Single Judge directed the bank to defreeze accounts and allowed suspended office bearer to operate them – Division Bench upheld defreezing but restricted suspended office bearer’s operation – Allowed West Bengal Branch to nominate new signatories from non-s...
Environmental Law – Public Interest Litigation – Metro Rail Project – Petition filed by a citizen action group to halt the construction of a metro station near the Victoria Memorial and the Maidan area, citing environmental concerns – The petitioners contended the project would result in the uprooting of approximately 700 trees, with severe ecological impacts &nda...
Adverse Possession – Requirements – Plaintiff’s claim for adverse possession dismissed – Both the Trial Court and First Appellate Court found the plaintiff failed to establish the requisite animus for adverse possession – Emphasis on the necessity of proving continuous and hostile possession – Appeal dismissed on similar grounds, confirming lower courts’ f...
Employees’ Compensation – Liability of Principal Employer – Appeal against the award of compensation by the Commissioner Employees Compensation Act (Assistant Labour Commissioner) Doda, in favor of the respondent widow – Appellant contended that the deceased was employed by a contractor, not directly by the appellant – High Court held appellant liable as the principal...
Jurisdiction – Small Causes Court – Eviction and Possession – Small Causes Court has jurisdiction over disputes involving landlord and tenant, including suits for recovery of possession – Claims arising out of the Maharashtra Rent Control Act fall within exclusive jurisdiction of Small Causes Court – Civil Revision Applications dismissed – High Court upheld the ...
Municipal Law – Disqualification of President – Petitioner, directly elected President of Wai Municipal Council, challenged the order of disqualification and removal from the post – Allegations of accepting a bribe of Rs. 14,000 for clearing a contractor’s bill – Inquiry conducted by Sub-Divisional Officer and findings forwarded to the Collector, who recommended remov...
Redemption of Mortgage – Rights of Legal Heirs – Plaintiffs (Appellants) sought redemption of a mortgage bond dated 13.09.1969 and claimed 2/3rd share of the property as legal heirs of Abdul Rahim – Trial Court decreed suit in favor of plaintiffs recognizing their share – First Appellate Court reversed the decision, questioning the redemption right post-execution of a sale ...
Compassionate Appointments – Age Limit and Substitution – Petitioners challenged clauses 3.11 and 3.21 of Government Resolution dated 21/09/2017, which limit the age for compassionate appointments to 45 years and allow for substitution of legal heirs under specific circumstances – Division Bench formed an opinion that the judgment in Dnyaneshwar S/o. Ramkishan Musane v. State of ...