Civil Procedure – First Appeal – Scope and Duty of First Appellate Court – Section 96 CPC provides for filing an appeal from a decree passed by a court of original jurisdiction – Order 41 Rule 31 mandates that the judgment of the appellate court must state points for determination, decisions thereon, and reasons for decisions – Appellate court’s failure to compl...
NEET-PG Counselling – Conduct of Special Stray Round – Petitioners sought a Special Stray Round of counselling for the remaining 1456 vacant seats after NEET-PG-2021 counselling rounds – Supreme Court held that the admission process must have an endpoint and must adhere to a strict schedule – Emphasized that any deviation could compromise medical education standards and pub...
Insolvency Law – Withdrawal of CIRP – The appellant sought to withdraw the Corporate Insolvency Resolution Process (CIRP) of Siva Industries under Section 12A of the IBC after the Committee of Creditors (CoC) approved a settlement plan with a 94.23% majority – NCLT and NCLAT rejected the withdrawal application and directed liquidation – Supreme Court emphasized the paramoun...
Environmental Protection – Ecologically Sensitive Zones (ESZ) – Supreme Court directed a minimum ESZ of 1 kilometer around all protected forests, national parks, and wildlife sanctuaries, with existing activities allowed to continue subject to guidelines – Emphasized the importance of a buffer zone to protect wildlife and forest ecosystems – For Jamua Ramgarh sanctuary, sub...
Ancient Monuments and Archaeological Sites – Permissible Construction – The construction activities undertaken by the State of Odisha within the prohibited area of Shree Jagannath Temple for providing basic amenities like toilets, cloak rooms, and electricity rooms – Supreme Court upheld these constructions, stating that they do not fall under the definition of "co...
Tribunals – Territorial Jurisdiction – The appellant challenged the orders of the NGT Principal Bench, New Delhi, which prohibited further construction at Rushikonda Hill and rejected the application for vacating the stay – Supreme Court held that the NGT, being a Tribunal, is subordinate to the High Court within the territorial jurisdiction of the High Court – Court emphas...
Challenge to Order Declining Rejection of Plaint – The petitioner sought rejection of the plaint for recovery of Rs. 19,20,000 due to initial insufficiency of court-fee and alleged delay in making up the deficiency, contending the claim became time-barred – Original plaint filed with Rs. 50 court-fee, with a promise to pay the remaining Rs. 47,550 later – The trial court declined...
Land Tenure – Gair Marusi Status – Petitioners challenging eviction orders on the basis of being Gair Marusi over petition lands – Concurrent eviction verdicts from lower authorities against petitioners – High Court examined the status and rights of petitioners as tenants and the ownership of Gram Panchayat over disputed lands. [Paras 1-3, 5-6]
Legal Interpretation &ndas...
Writ Petition for Quashing Order – Petitioner sought quashing of the order passed by State Information Commission, Haryana, under Article 226/227 of the Constitution of India, which denied information requested under the Right to Information Act – Petitioner filed a writ in the nature of certiorari for non-compliance with the judgment in Rajwinder Singh vs. State of Punjab and others (...
Petition for Pension - Petitioner, a retired employee of respondent-bank, seeks pension from 01.06.2005 under the bank's pension policy, having submitted an application which is allegedly disregarded by the respondents. [Para 1-2]
Territorial Jurisdiction Questioned - Respondents argue the High Court of Punjab and Haryana lacks territorial jurisdiction as the petitioner retired fr...