Non-discrimination in government employments - Denial of promotion to a disabled employee - Promotion rules requiring maintenance of medical category SHAPE-1 - Difference between 'combatised' and 'combatant' personnel - Interpretation of exemption notifications - Legislative intent to protect disabled employees while ensuring safety and security - Denial of promotion not solely bas...
Guardians and Wards Act 1890 - Section 9 - Custody of Child - The court emphasized that the question of the child's wishes is distinct from what would be in the best interest of the child - The best interest must be determined by the court considering all relevant circumstances - In custody disputes, the child's welfare should be the paramount consideration - The case involves custody disp...
Caste Verification – Authenticity of Report – Mere fact that the Caste Verification Committee provided a report within a few days cannot alone be a reason to doubt its correctness. The committee's report, when made in accordance with statutory provisions, holds validity unless contradicted by substantial evidence [Paras 34-36].
Reservation Policy – Caste Classifi...
Land Acquisition – Requirement of Scheme Sanction – Appellants challenged the acquisition of land by KHB without prior sanction of housing schemes under Section 24(2) of the KHB Act – High Court held that sanction of a housing scheme by the State Government is a condition precedent to land acquisition – Supreme Court examined the provisions of the KHB Act and L.A. Act to de...
Eviction Orders - Alleged encroachment on gair mumkin rasta (pathway) in khasra No. 145 - Petitioners challenged eviction orders issued by Assistant Collector Ist Grade, Rewari, and Collector, Rewari - Reliance on demarcation report - Objections raised by petitioners - Violation of guidelines, ex parte demarcation, failure to ascertain fixed points, and relay them onto the ground. (Para 1-3)
De...
Delhi School Education Rules 1973 - Rule 121 - Disciplinary Proceedings - The Tribunal's power to award back wages upon reinstatement of an employee was contested - High Court held that Rule 121 does not confer express power on the Tribunal to award back wages, limiting such power to the managing committee - Supreme Court analyzed the statutory provisions and concluded that the Tribu...
Urban Development and Slum Rehabilitation – Rights of Slum Dwellers vs. Right to Clean Drinking Water – The High Court addressed the conflict between the fundamental rights of slum dwellers to adequate housing and the right of citizens to clean drinking water. The slum dwellers of Akbar Nagar, residing on the banks of Kukrail water channel, challenged demolition orders by the Lucknow D...
Compensation amount - Deduction of medical reimbursement - Entitlement of claimant - Claimant receiving medical reimbursement under a separate Mediclaim policy from another insurance company - Appellant arguing for deduction of reimbursement amount from awarded compensation - Respondent contending that separate contractual liabilities exist - Contractual liability between claimant's father and...
Advocate’s Professional Conduct and Negligence - Petitioner, an advocate, challenged his inclusion in the “Caution List” by Indian Banks’ Association after allegations of negligence in providing Search and Title Reports for property loans - Petitioner claimed diligent performance of duties and contested the negligence accusations - Case centered around proper adherence to g...
Family Law – Hindu Marriage Act – Dissolution of Marriage – Court examined whether a marriage under the Hindu Marriage Act can be dissolved through a compromise in proceedings under Section 125 Cr.P.C. The court considered the legitimacy of a second marriage and its impact on family pension rights. [Para 3-5, 9-11]
Marriage Dissolution Procedure – held – ...