Wakf Property – Suit Challenging Waqf Board’s Declaration: Challenge to the Maharashtra State Wakf Board's declaration of a property as Wakf property – Original defendants (applicants) contested the judgment of the Maharashtra State Wakf Tribunal, Aurangabad, in Wakf Suit Nos.4 of 2014 and 6 of 2014, which declared orders of the CEO of the Maharashtra State Wakf Board regardi...
Medical Education – NEET PG Admission – Reduction in Percentile – Central Government reduced minimum marks by 15 percentile for all categories – Petitioners sought further reduction by 5 percentile to fill remaining vacancies – Government opposed additional reduction citing academic interests [Paras 2-7].
Judicial Review – Policy Decisions – C...
Insurance Law – Overlapping Policies – Marine and Domestic Coverage – Clause 47 of the STP Policy and Condition No. 4 of the SFSP Policy – Marine policy issued by Allianz covered global risks, including those insured under domestic policies – Domestic policy excluded liability where another policy covered the same risk – Marine policy interpreted as including wa...
Service Law – Discharge for Suppression of Information – RPF Recruitment – Appellant discharged for not disclosing past criminal case in attestation form – Case was trivial, appellant acquitted honorably – Competent authority failed to consider the nature of post, duties, and triviality of case [Paras 1-16].
Judicial Precedents – Avtar Singh v. Unio...
Erroneous Date of Birth Entry - Visually Impaired Candidate's Candidature Rejected - The petitioner, a 100% permanently visually impaired candidate, faced rejection of her candidature for the post of Assistant in Level-1 in 'D' grade due to an incorrect date of birth entry made inadvertently by a helper at an internet cafe [Paras 3, 12].
Legislative Protection for Persons ...
Service Law – Direct Recruitment – Inter-se merit list – Preparation of inter-se merit list of selected candidates is inevitable even in the absence of an explicit provision in the rule or policy. The recruitment authority cannot place the candidates inter-se in the select list under the rule of thumb or by adopting a methodology inconsistent with the spirit of Articles 14 and 16...
Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Court Fees – Suit Valuation – Nature of relief decisive for suit valuation – Market value of property involved in litigation not decisive for suit valuation – Plaintiff entitled to value the relief of injunctions and damages separately – High Court erred in considering market value for determining suit valuation [Paras 1-15].
Injunctions – Sui...
Civil Law – Presumption of Marriage – Long cohabitation between a man and a woman raises a presumption of marriage under Section 114 of the Evidence Act – The High Court erred in denying partition of property based on the legitimacy of the plaintiff – Sufficient evidence of long cohabitation and recognition of the relationship by society supports the presumption of marriage...
Common Issues in Two Petitions – Consolidated Order – Common Issue regarding the validity of the selection process for LPG distributorship – Facts primarily drawn from CWP-9511-2018. [Para 1]
Selection Process for LPG Distributorship – Advertisement and Guidelines – Indian Oil Corporation Ltd. (Corporation) Advertisement (2013) – Withdrawal and reissue of adv...