Territorial Jurisdiction – Writ Petition – RTI Act – Section 8(1)(j) – Forum Conveniens – Petitioner challenged the CIC’s order refusing disclosure of attendance records under the RTI Act. The court highlighted the principle of forum conveniens, noting that the SEEPZ-SEZ and concerned authorities were located in Mumbai, thus the High Court of Bombay was the appr...
Two writ petitions involved the eligibility of Zydus Wellness Products Limited and Alkem Laboratories Limited for budgetary support under the Budgetary Support Scheme introduced for eligible manufacturing units in Sikkim under various Industrial Promotion Schemes. The central issue was whether changes in ownership and constitution disentitled these units from availing budgetary support. [Para 1-6]...
Administrative Law - Doctrine of Pleasure - Validity of Removal – Writ Petition challenging removal from the post of Chairman of the Karnataka State Minorities Commission – Petitioner contended removal was arbitrary, capricious, and without following principles of natural justice – Respondent argued removal was per the doctrine of pleasure as stated in Section 4 of the Karnataka ...
Sexual Harassment at Workplace – Implementation of POSH Act – Writ Petition seeking directions to ensure compliance with POSH Act by constituting ICC – Court directs Respondent No.1 to take action as per POSH Act – ICC constituted, proceedings initiated but delayed – Petitioner’s identity to be protected – Directions issued for further proceedings despite ...
Civil Procedure Code – Condonation of Delay – Application under Section 5 of the Limitation Act, 1963 – Petitioners failed to file written statements within the prescribed period of 120 days as per Order VIII Rule 1 CPC – Petitioners sought condonation of delay of 125 days citing personal hardships and unavoidable circumstances – Trial Court dismissed the applications...
Constitutional Law - Article 226 - Writ of Certiorarified Mandamus - Nativity Certificate - Minor petitioner represented by his natural guardian applied for a Nativity Certificate to pursue higher studies in Tamil Nadu - Application rejected by the Zonal Deputy Tahsildar on grounds of non-residence and birth outside the state - High Court quashes the order and directs issuance of the Nativity Cert...
Civil Appeal – Cheque Bounce – Acquittal of the accused – Appellant challenges the judgment of acquittal – Complainant alleges the accused borrowed a sum of Rs. 6,00,000/- and issued a cheque, which was returned unpaid with remarks 'Account Closed' – Lack of clear evidence regarding the loan and issuance of the cheque – Presumption in favor of the holder...
Judicial Procedure - Compliance with statutory requirements for declaring an individual as a "proclaimed person" or "proclaimed offender" - Importance of thorough documentation and adherence to procedural guidelines - Quashing of FIR and all consequential proceedings due to lack of compliance with statutory requirements. [Para 13-15]
Guidelines for Issuance of Proc...
Police Detention – Illegal arrest and detention without following due procedure – Petitioner seeks compensation – Investigation reveals the Petitioner was picked up and placed in lock-up without an FIR or due process – Violation of fundamental right to personal liberty under Article 21 of the Constitution – Principles laid down in D K Basu case followed. [Para 1-8]
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Matrimonial Dispute - Quashing of FIRs - Settlement between parties - FIR No. 843/2020 and FIR No. 477/2020 registered at PS New Usmanpur and PS Amar Colony, respectively - Allegations of cruelty, dowry demand, and POCSO Act offenses. [Para 1-2]
Settlement reached between the parties before the Mediation Centre - Mutual consent for separation and divorce granted - Withdrawal of all cl...