Civil Writ - Caste Certificate Validation – Pre-constitutional Record Evaluation – Principle of Preponderance of Probabilities – Tokre Koli Scheduled Tribe Validated - The petitioner contested the caste scrutiny committee’s rejection of his ‘Tokre Koli’ certificate, asserting that entries in pre-constitutional records describing his ancestors as ‘Koli Dhor...
Order VII Rule 11 – Cause of Action and Limitation – Application Rejected – Petitioners contended that the plaint should be rejected as it lacked a cause of action and the suit was barred by limitation – Court observed that the plaint disclosed a cause of action, as it pleaded joint family properties and refusal of partition on 28/07/2022 – Held: Issues of limitation ...
Maternity Leave – Working woman employed by RSRTC challenged the denial of 180 days of maternity leave – Court held that the petitioner is entitled to 180 days under the Maternity Benefit (Amendment) Act, 2017 – Denial of full maternity leave based on Regulation 74 of the RSRTC Regulations is discriminatory and violative of Articles 14 and 21 of the Constitution [Paras 9-36].
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Administrative Law – Suspension of Contractor’s Registration – Opportunity of Hearing Required – The petitioner challenged the suspension of his contractor registration with the MPPWD for a period of two years, arguing that no opportunity of hearing was provided before the suspension – Held: The suspension of registration for non-completion of work requires a separate...
Service Law – Recruitment for Lecturer Posts – Advertisement Challenged – Advertisement by State Selection Board prescribing qualification of Master’s degree with 55% marks without NET/Ph.D. for Lecturer posts in Non-Government Aided Colleges – Held: Prescribed qualifications not in consonance with UGC Regulations (2018) or State Government Resolution (1999) which man...
SARFAESI Act – Priority of Secured Creditor – Section 26E of SARFAESI Act – Charge Overridden – The petitioner bank, as a secured creditor, sold the mortgaged property of respondent no.3 through a public auction under the SARFAESI Act – The auction purchaser faced difficulties in registering the conveyance deed due to a charge recorded by the State of Gujarat for outs...
Matrimonial Law - DNA Test for Paternity – Application under Section 45 and 112 of the Indian Evidence Act – The petitioner sought a DNA test of the respondent’s children to challenge their paternity – The trial court dismissed the application, relying on statutory presumption of legitimacy under Section 112 of the Indian Evidence Act – Decision: The High Court upheld...
Jurisdiction – Commercial Nature of Dispute – Application under Order VII Rule 11 CPC – Trial Court returned the plaint due to lack of jurisdiction, classifying the dispute as commercial in nature – Petitioner’s application under Section 14 of the Limitation Act dismissed – High Court emphasizes that the suit should be transferred to the appropriate Commercial C...
Service Law – Correction of Date of Birth – Limitation – Central Administrative Tribunal Act – Respondent sought correction of date of birth from 01.06.1964 to 02.07.1964 after 23.5 years of service – Application rejected as per DoP&T Office Memorandum due to delay beyond five-year limit – Tribunal allowed application, altering retirement date by 32 days &nd...
Scheduled Castes – Eligibility Criteria – Impact of Religious Conversion – Denial of Scheduled Caste Certificate Upheld - The appellant claimed entitlement to a Scheduled Caste community certificate on the basis that her father and paternal ancestors belonged to the Valluvan caste, recognized as a Scheduled Caste under the S.C. Order, 1964. However, evidence showed that the appel...