Judicial Review of Speaker’s Inaction – Permissible Scope – Directions Issued Valid – Appellant contended that the High Court cannot direct the Speaker to decide disqualification petitions within a timeframe – Court held that inordinate delay in deciding disqualification petitions violates constitutional mandates – Judicial review under Article 226 is permissibl...
Insurance Law – Ombudsman Award – Compliance with IRDA Guidelines – Jurisdiction – Petition challenging award dated 03 May 2021 issued by the Insurance Ombudsman directing the Oriental Insurance Company to pay ₹27,13,582/- to the claimant, Bharat Dedhia, under a health insurance policy – Allegations by the Insurance Company that the Ombudsman exceeded jurisdiction u...
Writ Jurisdiction – Judicial Orders of Civil Courts – Article 226 – Non-Maintainability - The petitioners sought relief under Article 226 to quash an interlocutory order passed by the Sub-Judge-I, Danapur, in an execution case. The High Court held that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be challenged under Article 227 &...
Income Tax Law – Section 153C – Assessment Proceedings Initiated for a Non-Searched Person – Challenges Rejected - Jurisdiction – Validity of Notices under Section 153C – Extended Period of Ten Years – Petitioner challenged notices under Section 153C of the Income Tax Act, 1961, for the Assessment Years (AYs) 2009-10 to 2014-15 as being time-barred – Court...
Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...
Service Law - Recruitment Policy – Prescribing Qualifications – Role of Employer – Judicial Restraint – The determination of eligibility criteria, including minimum qualifications for a post, lies exclusively within the domain of the employer. Courts cannot interfere with recruitment policies or expand the ambit of prescribed qualifications through judicial interpretation. ...
Service Law – Permanent Commission – Discrimination – Appellant, a Short Service Commissioned (SSC) officer in the Army Dental Corps, was denied a third chance for permanent commission due to amendments to age relaxation policies introduced in 2013 – Appellant sought parity with other officers granted permanent commission by Armed Forces Tribunal (AFT), Principal Bench, in ...
Service Law – Citizenship and Termination of Service – Delay in Verification – Principles of Natural Justice – Termination Held Arbitrary – Appellant served for 26 years before termination based on police report from 2010 – Tribunal quashed the termination for lack of personal hearing and detailed reasons – High Court erroneously restored the termination &...
Civil Law – Accident Claim - Negligence in Driving – Proof of Rash and Negligent Driving – Compensation Awarded – The appellant argued that the accident occurred due to a blue cow crossing the road, which was beyond the driver’s control. However, the Court held that the bus was being driven rashly and negligently at high speed during nighttime, as corroborated by an e...
Service Law – Regularization of Service – Appointment on Casual Basis – Denial Upheld – Appellant appointed on a no-work-no-pay basis later absorbed in a regular pay scale as a temporary driver – Increment and allowances ceased in 2010 upon audit objections regarding irregular appointment – Court held: Appellant not appointed against a sanctioned post, no prior ...