Civil Procedure – Ex-Parte Decree Against Minor – Appointment of Guardian – Supreme Court held that an ex-parte decree against a minor without the minor being represented by a guardian duly appointed under Order 32 Rule 3 of the CPC is a nullity – The High Court, exercising its power of superintendence under Article 227 of the Constitution, correctly set aside the ex-parte ...
Administrative Law – Study Leave – Policy Decision – Appellant, a medical officer, denied study leave to pursue a postgraduate medical course due to a policy decision in response to the COVID-19 pandemic – Appellant argued that refusal was arbitrary and discriminatory under Article 14 – Supreme Court held the policy decision was neither arbitrary nor discriminatory bu...
Service Law – Age of Superannuation – Enhancement of Age – Appellants challenged the decision of the High Court directing retrospective application of the Government Order enhancing the age of superannuation from fifty-eight to sixty years – High Court held that the enhancement should be retrospective from 29 June 2002 – Supreme Court set aside the High Court's de...
Securities and Exchange Board of India (Mutual Funds) Regulations 1996 – Mutual Fund Winding Up – Trustee’s Authority – Trustees must obtain consent of the majority of unitholders before winding up a scheme under Regulation 18(15)(c) – Regulation 39(2)(a) does not exempt trustees from seeking such consent – Consent should be post-publication of notice under Regu...
Evacuee Property – Regularization of Possession – Displaced Persons – The appellant, an encroacher on evacuee land, sought regularization under policies dated 20.06.1978 and 08.01.1980 – Supreme Court held that evacuee land must be allotted to displaced persons as per Sections 14 and 20 of the Act – Allotment to encroachers is permissible only if no displaced persons ...
Service Law – Higher Pay Scale – Financial Constraints – Appellants contested High Court order granting revised pay scales to employees w.e.f. 1.1.1986 – Supreme Court upheld that financial constraints justified the Federation's decision to grant revised pay scales only from 1.1.1994 – Differentiation between employees of public sector undertakings and Central/Sta...
Service Law – Transfer Order – Summoning of Public Officers – Public officers should not be called to court unnecessarily – Courts must avoid exerting undue pressure on administrative officers – Separation of powers between Judiciary and Executive must be respected to maintain constitutional balance – Frequent summoning of officers criticized and condemned [Para...
Constitutional Law – Privileges and Fundamental Rights – Summoning of Facebook Representatives – Delhi Assembly's Committee on Peace and Harmony summoned representatives of Facebook regarding the 2020 Delhi riots – Petitioners contended that such summons violated their fundamental rights of free speech and privacy – Supreme Court held that representatives appearin...
Consumer Protection Act – Condonation of Delay – Written Statement – Application for condonation of delay in filing written statement filed before the Supreme Court judgment in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited – Supreme Court held that the judgment should apply prospectively – Delay of 7 days in filing written sta...
Registration Act – Compulsory Registration – Compromise Decree – A compromise decree regarding land not the subject matter of the suit but part of a settlement between family members does not require compulsory registration under Section 17(2)(vi) of the Registration Act 1908 – A family settlement recognizing pre-existing rights among family members does not create new righ...