Civil Appeal – Writ Petition – Mandamus to legislate on ‘Liability in Tort’ and other issues – High Court’s directions under scrutiny – Analysis of each direction’s validity and impact.
Factual Aspects:
The appeal pertains to a judgment issued by the Madras High Court, wherein a writ petition sought directions for the appointment of the Chairma...
Educational Policy – Qualification of Primary School Teachers Constitutional validity of including B.Ed. as qualification for primary teachers – Interpretation of Sections 12A and 29 of NCTE Act – Judicial review of policy decisions – Compliance with Central Government directive – Whether inclusion of B.Ed. arbitrary or rational – Examination of pedagogica...
Civil Procedure – Ex-Parte Decree Against Minor – Appointment of Guardian – Supreme Court held that an ex-parte decree against a minor without the minor being represented by a guardian duly appointed under Order 32 Rule 3 of the CPC is a nullity – The High Court, exercising its power of superintendence under Article 227 of the Constitution, correctly set aside the ex-parte ...
Service Law – Transfer Order – Summoning of Public Officers – Public officers should not be called to court unnecessarily – Courts must avoid exerting undue pressure on administrative officers – Separation of powers between Judiciary and Executive must be respected to maintain constitutional balance – Frequent summoning of officers criticized and condemned [Para...
Limitation Act – Applicability to proceedings under the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990 – Whether Article 116 of the Limitation Act 1963 applies – Held that the Jogighopa Act is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963, as the appeal thereunder, from an order of...
Constitutional Law – Privileges and Fundamental Rights – Summoning of Facebook Representatives – Delhi Assembly's Committee on Peace and Harmony summoned representatives of Facebook regarding the 2020 Delhi riots – Petitioners contended that such summons violated their fundamental rights of free speech and privacy – Supreme Court held that representatives appearin...
Constitution of India, 1950 - Appointment of Director of Enforcement - Extension of tenure - Constitutional validity of Central Vigilance Commission (Amendment) Act, 2021 and Delhi Special Police Establishment (Amendment) Act, 2021 - Writ petitions challenging the Acts - Whether amendments violative of Article 14, 21, and 50 of the Constitution - Power of Government to appoint Director of Enforcem...
Eviction suit - Interpretation of Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Whether the provision creates a complete prohibition on filing a suit for eviction within five years of the tenancy or only affects the consideration of the suit and passing of a decree therein - Objective of Section 14(3) is to protect the tenant from eviction for a specified perio...
Consumer Protection Act – Condonation of Delay – Written Statement – Application for condonation of delay in filing written statement filed before the Supreme Court judgment in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited – Supreme Court held that the judgment should apply prospectively – Delay of 7 days in filing written sta...
The respondent, Ravinder Singh, was a candidate for the Delhi Higher Judicial Main Examination (Written), 2022. He sought re-evaluation of his answer script for question No.9 of Law Paper-I. His request for re-evaluation was rejected by a Committee of six Hon’ble Judges of the High Court. Aggrieved by the rejection, he filed WP(C) No. 434/2023 in the High Court of Delhi seeking quashment of ...