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...
Jurisdiction - Coram Non-Judice - Caste Certificate Cancellation:
Proceedings before the Assistant Commissioner were deemed coram non-judice as he lacked the authority to review an order that was essentially an implementation of a superior officer’s directive. The Tahsildar's cancellation of the caste certificate was based on the Committee's decision, and the Assistant Comm...
Property Dispute Among Brothers – Challenge to the rejection of plaint – Petitioner Arun Fotedar challenges the order of the Civil Judge, which dismissed his application under Order VII Rule 11 CPC for rejection of the plaint filed by respondent Dr. Jitender Fotedar concerning the ownership and funding of the construction of family-owned properties – Trial court order upheld by H...
Constitutional Law – Article 166 Compliance – Executive action taken without Governor’s name – Petitioners’ accrued right to pension and gratuity annulled by impugned resolution – Court examines validity of resolution not expressed in Governor’s name – Upholds principle that policy decisions affecting rights must be issued in the name of Governor &nd...