Consumer Protection Law – Setting Aside Ex-parte Orders – Petitioner, NTC Nidhi Ltd, was set ex-parte by the DCDRC for filing the version beyond the statutory period – Petitioner contended active participation in proceedings despite late filing – Supreme Court precedent supports participation rights even if declared ex-parte [Paras 2-6].
Right to Participate in...
Service Law – Appointment and Approval – Appellant school functionaries challenged the order directing approval of Mihir’s service – Contention on procedural lapses, lack of requisite qualifications, and alleged interpolations in records – High Court found Mihir was appointed against a sanctioned post and the procedural lapses were not substantiated by evidence &ndash...
Pre-Institution Mediation – Compliance Requirement – Defendant sought rejection of the plaint for non-compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 – Held, whether urgent interim relief is contemplated must be assessed based on the plaint’s pleadings – Plaintiff’s contemplation of urg...
Civil Procedure – Setting Aside Ex-Parte Decree – Improper Service of Summons – Petitioner filed an application under Order 9 Rule 13 CPC claiming he was never served properly, citing incorrect address in plaint – Trial court and appellate court dismissed application and appeal, respectively – High Court examined the records and found petitioner was duly served at the...
Service Law – Reinstatement – Concealment of Material Facts – Appeal by the State against reinstatement order granted to respondent who had resigned under alleged threat. Court finds material concealment by respondent regarding previous writ petition dismissals and rejections of representation by Police Headquarters – Appeal allowed, setting aside impugned judgment – ...
Civil Procedure – Setting Aside Ex-Parte Decree – Civil Revision against lower court orders dismissing application to set aside ex-parte judgment and decree – Plaintiff-respondent filed a suit for possession by way of specific performance of an agreement to sell against the petitioner – Ex-parte decree passed – Application to set aside ex-parte decree on grounds of no...
Administrative Law – Allotment of Government Accommodation – Writ of Mandamus – Petitioner, a National Political Party, sought a temporary housing unit from GPRA for office use until the allotment and construction of a permanent office. Respondents denied the request, citing acute shortage of GPRA accommodations and previous offers of alternate land. Held – National Politic...
Discrepancies in Examination Results – Petitioner alleged that the NTA uploaded two different response sheets and scorecards for her JEE (Mains) exam, with significant differences in scores – High Court examined the validity of the claim and the procedural integrity of NTA's system [Paras 1-2, 14].
Validity of Scorecards – Petitioner claimed the first response sheet and sc...
Criminal Law – Summoning and Cognizance Orders – Quashing of summoning and cognizance orders along with consequential orders due to lack of application of judicial mind and procedural irregularities – No evidence indicating the applicants intended to cause death or had knowledge their actions would result in death – Demolition leading to accidental death does not meet crite...
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...