Civil Procedure – Transfer Petition – Matrimonial Matters – Appellant sought transfer of F.C.O.P. No. 125 of 2020 from Family Court Vellore to Family Court Chennai due to her inability to travel and her dependency on aged parents – Supreme Court emphasized the principle of convenience of the wife and ordered the transfer to avoid multiplicity and conflict of decisions &ndas...
Senior Citizens Act, 2007 – Eviction of children from property – Authority of the Tribunal – Summary procedure – Competing claims – Right to maintenance and protection – The Tribunal under the Senior Citizens Act, 2007 may have the authority to order eviction as an incident of the enforcement of the right to maintenance and protection, but this remedy can only b...
Constitutional Law – Article 279A – GST Council – Implementation of Document Identification Number (DIN) – Petitioner, a Chartered Accountant, sought directions for the implementation of a DIN system for all communications by State Tax Officers to ensure transparency and accountability – Supreme Court directed the GST Council to issue advisories to all States to imple...
Insolvency and Bankruptcy – Operational Debt – Pre-existing Dispute – Appellant filed application under Section 9 of IBC for initiation of CIRP against HBL – NCLT admitted the application – NCLAT set aside the admission, citing pre-existing disputes between parties – Supreme Court upheld NCLAT’s decision, emphasizing that CIRP cannot be used for debt colle...
High Court of Judicature for Rajasthan, Jaipur Bench - Writ Petition - Release of film 'Ajmer 92' - Prayers seeking a ban on the film's release and the formation of a committee to review the content - Alternative remedy of revision available under Section 6 of the Cinematograph Act, 1952 - No grounds for interference under Article 226 of the Constitution of India - Writ petition dismis...
Tenant's Right to Electricity Connection – Ambit and Limitations – The petitioners, as tenants, seek an electricity connection independent of the landlord's consent. They rely on Supreme Court and Allahabad High Court precedents asserting tenants' rights to basic amenities like electricity. [Paras 2, 7, 8]
Occupier’s Right to Electricity – clarified...
Cancellation of Candidature - OBC-NCL Certificate Deadline - Petitioner's Challenge: The petitioner's candidature for a postgraduate medical course was cancelled by AIIMS due to the late submission of the OBC-NCL certificate, despite meeting all other eligibility criteria. The petitioner challenged this cancellation as arbitrary and lacking rational nexus with the objective of reservation ...
Assam Rifles – Discharge from Service – Appellant discharged based on four Red Ink entries during service – Regulations 107(c) and 108 of Assam Rifles Regulation 2016 not applicable as discharge order issued in 2004 – Supreme Court held discharge order unjustified due to lack of application of mind and failure to consider severity and nature of misconduct – Directed r...
Constitution of India, Article 14, 16, 19, 21 - Overseas Citizen of India (OCI) - National Eligibility-cum-Entrance Test (NEET) - MBBS Course Admission - General Category - NRI Quota - Petitioner, an OCI card holder, seeks admission in MBBS Course under General Category - Petitioner denied the opportunity to register in General Category and confined to NRI Quota - Petitioner files writ petition ch...
Civil Death Declaration – Suit by Legal Heir – Missing Husband for Over 13 Years – Appellant sought the declaration of her husband's civil death under Section 108 of the Evidence Act due to his 13-year absence to claim service benefits – Initial suits dismissed due to non-inclusion of Electricity Department and lack of specific consequential relief claims [Paras 3-5, 9,...