Constitutional Law – Principles of Natural Justice – Opportunity of Hearing – Petitioner was declared ineligible for the allotment of a petrol pump due to the presence of an unauthorized median cut near the proposed site – Held, the petitioner was not responsible for the median cut and should have been given an opportunity to get it removed – The evaluation committee ...
Cooperative Societies – Election – Eligibility of Candidates – Petitioner's nomination papers for Cooperative Society election rejected for not being an 'active member' in the last twelve months as required under Rule 27(f) of the Haryana Cooperative Societies Rules – Petitioner claimed participation based on affidavits from other members but provided no documen...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 22 – Eviction of Children and Relatives – Petitioner, a widowed daughter-in-law, directed to vacate her father-in-law’s self-acquired house – Court upheld the Tribunal’s order, emphasizing that a senior citizen cannot be compelled to allow any relative to stay in their self-acquired prope...
Civil Procedure – Deposit of Lease Money – Striking Off Defense – Petitioner was directed to deposit lease money and his defense was struck off upon non-payment – Application under Order XV Rule 5 CPC filed by respondents was allowed by Civil Court – Held, plaintiffs had no locus standi due to lack of lessor-lessee relationship – They cannot benefit from Order X...
Admission to Professional Courses – Scrapping of Entrance Test – COVID-19 Pandemic –Petitioner challenged the scrapping of entrance exams for law courses, arguing that the decision violated the terms of the prospectus and compromised merit-based admissions – Held, first choice should be to hold entrance test for law courses as preferred by the University and recommended by ...
University Regulations – Eligibility and Compliance – Student Rights – Petitioner, a BA student, permitted by Vice Chancellor to opt for History and Culture of Punjab instead of Punjabi, contrary to the online joint prospectus and statutory regulations – Syndicate reversed decision – Held, actions of university officials in violation of statutory regulations do not co...
Transfer Order – Mala Fides and Transfer Policy Violation – Judicial Review – Petitioner challenged the transfer order on grounds of mala fides and violation of Transfer Policy, being transferred before three years without recorded reasons – Held, petitioner unable to establish mala fides – In transfer matters, writ jurisdiction is invoked only in cases of mala fides ...
Protection of Minor in Runaway Marriage — Application by minor girl and her husband seeking protection from her parents after eloping — GIRL's age at time of leaving home 16 years and 10 months, HUSBAND's age 18 years and 6 months — Both minors under the Hindu Marriage Act, 1955, yet claiming marriage under customary rites — Application of Child Marriage Act, 2006 a...
RERA – Pre-Deposit Requirement – Constitutional Validity – Petitioners contended that requiring only promoters to make a pre-deposit as a condition for entertaining their appeals is discriminatory – Held, not discriminatory; distinction based on intelligible differentia satisfying Article 14 – Pre-deposit is mandatory under proviso to Section 43(5), and appeals cannot...
Writ Petition – Selection Process – Vice-Chancellor – Petitioner, an aspirant for Vice-Chancellor, challenged the selection process and the Board's decision to reconstitute the Search Committee – Alleged inclusion of ineligible candidates – Held, petition dismissed for non-impleadment of necessary parties and incorrect averments – Petitioner's participat...