Constitutional Law – Equality before Law – Challenge to Recruitment Notification – Petitioners, aspiring candidates for Tamil Nadu Combined Civil Services (Group-IV), challenged the notification requiring a Tamil language eligibility-cum-scoring test for selection, alleging it discriminated against non-Tamil medium students and contravened the Tamil Nadu Government Servants (Cond...
Motor Vehicles Act – Enhancement of Compensation – Appeal – Appellants sought enhancement of compensation awarded by Claims Tribunal for death in a motor vehicle accident – Tribunal had awarded Rs. 9,40,000 with interest – Appellants claimed deceased’s income was Rs. 30,000 per month as a transporter and contractor, not Rs. 6,000 as assessed by Tribunal – ...
Public Interest Litigation (PIL) – Allotment of Premises in High Court Campus – Challenge to Allotment Procedure – High Court's Decision on Lack of Transparency and Legal Entity Recognition – Examination of Procedural Compliance and Discretionary Power
Public Interest Litigation – Maintainability – Writ Petition filed by Advocate challenging all...
Limitation Law – Condonation of Delay – Probate Application – Petition under Article 227 of the Constitution challenging the legality of the order passed by the District Judge, Tinsukia allowing condonation of delay for 1443 days in filing a probate application – Petitioner argued that the delay was inordinate and not sufficiently explained – Respondent claimed the li...
Recognition of Bar Associations – Administrative Discretion – The petitioner challenged the Bar Council of Madhya Pradesh's refusal to recognize a separate Bar Association – The court noted the resolutions of the State Bar Council allowing only one recognized Bar Association at any given place where the High Court is located – Emphasized the intent to avoid multiplicity...
Custodial Death – Enquiry and Compensation – Writ Petition seeking directions for proper enquiry into custodial death and compensation – Allegation of torture by police resulting in death – Petitioner’s son died while in police custody – Post-mortem report indicated injuries – Respondents argued the death was due to an attempt to escape – NHRC had or...
Constitutional Law - Right to Property - Writ Petition under Article 226 – Petition challenging unauthorized construction of a road on private land - Article 300-A and human rights considerations - State cannot dispossess a citizen of property without legal sanction and compensation - The State's claim of adverse possession against a private individual is untenable - Held, construction o...
Property Law – Joint Hindu Family Property – Succession Rights under Hindu Women's Rights to Property Act, 1937 – Applicability to Agricultural Land - High Court examined the applicability of the Hindu Women's Rights to Property Act, 1937, to the agricultural land. Upon the death of Kanhaiya in 1941, the Court found that his wife, Kala Bai, acquired the same rights ...
Non-delivery of Possession – Petitioner not provided possession of flat despite full payment – Respondent offered inadequate temporary solutions and refunds without interest – Court highlighted plight of petitioner who invested life savings and faced severe accommodation issues – Writ petition allowed with direction for full refund with interest and compensation for mental ...
Eviction Order – Jurisdiction of Rent Controller – Review of eviction order – Error apparent on the face of record – Application under Section 25B(9) read with Order XLVII Rule 1 CPC – Maintainability of review application – Scope of power to review – Mislabeling of petition – Proper distinction between Sections 14(1)(e), 14(1)(f), and 14(1)(g) of DR...