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...
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...
Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s ret...