Education Law – Promissory Estoppel – Legitimate Expectation – Return of Applications for Special Education Courses – RCI’s Decision – Judicial Review – Writ Petitions Against RCI Circulars
Representation and Reliance - Circulars issued by RCI invited fresh proposals from institutions for conducting special education courses for the academic s...
Service Law - Promotion - Educational Qualification and ACRs - Petition challenging promotions of respondent No.2 on grounds of lacking requisite educational qualifications and procedural improprieties in ACR considerations - Court finds respondent No.2 lacked qualifications for feeder cadre posts, including Private Secretary and Assistant Registrar - Petitioner's ACRs not communicated as per ...
Industrial Disputes Act, 1947 – Section 10(1)(c) – Reference to Labour Court – Principle of Res Judicata – Applicability – High Court examined the Labour Court's decision, which declined the petitioner’s reinstatement claim based on res judicata, as previous matters had been adjudicated by the Central Administrative Tribunal (CAT) and the Central Government ...
Equal Pay for Equal Work – Temporary employees seeking parity with regular staff nurses in AIIMS – Petitioners perform similar duties and responsibilities – Principle of ‘equal pay for equal work’ applies – Supreme Court precedent in Jagjit Singh (2017) 1 SCC 148 cited – Petitioners entitled to wages at the minimum of the pay scale applicable to regular em...
Violation of Natural Justice – Reversion from IG to DIG without a proper hearing – Petitioners reverted as per orders dated 31.03.2023 without being given a subsequent opportunity for a hearing after initial postponement – Initial show cause notice dated 17.09.2021 followed by multiple notices and a scheduled hearing which was postponed due to non-availability of the Chief Minist...
Administrative Law – Writ of Mandamus – Commercial Circular No. 61 of 2017 – Petitioners, operating multipurpose stalls at railway stations, challenged Clauses 5 and 11 of the 2017 Policy as arbitrary and unconstitutional – Sought renewal of licenses in light of the Supreme Court judgment in South Central Railways – Court held the 2017 Policy was non-arbitrary and the...
Labour Law – Implementation of Wage Board Award – Applicability of Exemption Clause – The appellant challenged the enforcement of the Majithia Wage Board Award, which mandated revised wages for newspaper employees. The primary contention was that the appellant was exempt from making such payments due to “heavy cash losses” incurred in the preceding three financial yea...
Patent Law – Inventive Step – Assessment – Appeal against the Assistant Controller of Patents & Designs’ refusal of a patent application for a portable vehicle management system – Refusal based on the application not meeting the inventive step requirement under Section 2(1)(ja) of the Patents Act, 1970 – Claims rejected as obvious in light of prior art D4 (U...
Income Tax Law – Assessment under Section 153C of the Income Tax Act, 1961 – Appeals against ITAT’s deletion of additions under Section 68 – Assessments based on voluntary disclosure of unaccounted income during a search operation – ITAT quashed additions due to lack of incriminating material found during the search – Held, assessment cannot be based solely on s...
Rent Act - Quashing of Eviction Order – Appeal against dismissal of eviction petition – Landlords' plea under Section 14(1)(e) of the Delhi Rent Control Act for recovery of possession of the subject premises – Landlords claim bona fide requirement for reconstruction of premises and settlement in India due to advanced age and insufficient accommodation – Tenant contests,...