Service Law - Dismissal without Inquiry – Rape Charges Against Teacher – Appeal against dismissal without inquiry under Article 311(2)(b) of the Constitution of India – Appellant, a teacher, accused of raping two minor girls – Dismissal from service without regular inquiry to prevent trauma and social stigma to minors – High Court upheld dismissal citing Division Benc...
Service Law – Dismissal from Service – Article 311(2)(b) Constitution of India – Sections 451, 354, 376B IPC – Rules 7.2(b) & 3 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 – Teacher accused of raping two minor students – Dismissal without regular inquiry – Apprehension of mental agony and social stigma to minors if subjected to cr...
Labour Law - Reference of Dispute Without Notice – Petition under Articles 226 and 227 challenging order of reference to Labour Court – Reference made under Section 17(2) of the 1955 Act without notice to employer – Held, notice not required under Section 17(2) of the 1955 Act unlike the 1947 Act – Employer's petition dismissed. [Paras 1-11]
Distinction Bet...
Academic Policy – Judicial Review – The petition under Article 32 challenges the cut-off date for internship completion for NEET-PG 2022 as set by the National Board of Examination – The Supreme Court held that such matters lie within the policy domain of academic and regulatory authorities and are generally not open to judicial review unless shown to be arbitrary or discriminato...
Amalgamation – Validity of Assessment Orders – Assessment order issued against Mahagun Realtors (P) Ltd. (MRPL) post-amalgamation with Mahagun India Private Limited (MIPL) – Revenue's contention that defects are curable under Section 292B – Supreme Court holds that issuance of assessment order in the name of a non-existent entity is a substantive illegality and not a pr...
Service Law – Suppression of Information – Respondent concealed involvement in a criminal case while filling the verification roll – Supreme Court finds suppression of material information constitutes a serious misconduct justifying removal from service – High Court’s interference with quantum of punishment held unjustified [Paras 1-17].
Article 226 &ndas...
Housing Law – Transfer of Property – Discrepancies in Name – Appellant's grandfather was allotted a house on a rental basis in 1968 – Following his death, the tenancy was transferred to the appellant's father and subsequently converted to hire purchase – Despite discrepancies in the name and initials of the original allottee, the Supreme Court held t...
Prevention of Corruption – Extrajudicial Confession – Confession obtained from the respondent-officer deemed involuntary – Supreme Court emphasized that extrajudicial confessions are weak evidence and require corroboration – Conviction based solely on such confessions without corroboration is unjustified – The court held the findings of the Armed Forces Tribunal (AFT)...
Panchayati Raj - Notice for Gram Sabha Meetings – Appeal challenging resolution passed by Gram Sabha without giving seven days' clear notice – Director, Rural Development and Panchayat Department upheld resolution – Single Judge dismissed writ petition – Held, participation without objection to improper notice deems mandatory notice requirement waived – Resolution...
Eviction – Public Premises – Nationalisation Act – Respondent challenged eviction on grounds that property was private and not a "mine" – Supreme Court held that under Section 3(1) of the Nationalisation Act, properties falling under the definition of "mine" transferred to the Central Government – Definition under Section 2(h) includes lands and bu...