Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Cour...
Compassionate Appointment – Rejection on Grounds of Delay – Appeal Dismissed – Opportunity Granted for Ex-Gratia Compensation [Paras 1–26].
Compassionate Appointment – Claim by Minor Dependent – Delay Beyond Policy Period – Appellant’s father, a Haryana Police constable, died on duty in 1997 – Minor dependent’s claim recorded in Minor&rs...
Insurance Ombudsman – Powers and Jurisdiction – The appellant challenged the judgment of the learned Single Judge, arguing that the Insurance Ombudsman has the authority to direct the insurer to issue a policy at a pre-revised premium rate – High Court analyzed the provisions of Rules 13 and 17 of the Insurance Ombudsman Rules, 2017 – Rule 13 allows the Ombudsman to receive...
Service Law - Promotion – Sealed Cover Procedure – Review Departmental Promotion Committee (DPC) – Petitioner contended that his promotion was denied due to sealed cover procedure despite being clear from disciplinary proceedings on the initial DPC date – Held: Adoption of sealed cover when juniors were promoted, absent pending disciplinary proceedings on the original DPC d...
Labour Law – Preliminary Issues – Domestic Enquiry – Petitioner’s application to decide the issue of violation of principles of natural justice in domestic enquiry as a preliminary issue rejected by the Labour Court – Petitioner argued that this issue should be decided first as it is critical for the adjudication process – Labour Court and respondent opposed, st...
Interim Maintenance – Enhancement – Appeal against Family Court’s order – Both parties filed appeals, one for setting aside and the other for enhancement of interim maintenance – Family Court granted enhanced maintenance considering husband’s income and wife’s dependency – Appeal by husband dismissed, appeal by wife partially allowed, enhancing maint...
Legitimacy under Hindu Marriage Act – Section 16 – Plaintiff’s right to claim a share in ancestral property – Plaintiff’s legitimacy questioned due to parents’ marriage being void – Trial Court’s judgement granting 1/5th share to plaintiff challenged – Held: Legitimacy conferred under Section 16(1) of HMA – Plaintiff entitled to parents&r...
Custody of Minors – Habeas Corpus Petition – Petitioner, the biological mother, seeks custody of her minor children from the step-brother and step sister-in-law – Supreme Court precedents emphasize welfare of the child as paramount – Mother’s right to custody upheld unless disqualified by clear exceptions [Paras 1-17].
Writ of Habeas Corpus – Maintainability ...
Property Tax – Limitation for Recovery – Assessment of Escaped Tax – Writ petitions filed by ATC Telecom Infrastructure Pvt. Ltd. Against the demand notices issued by various municipalities for the recovery of property tax on telecom towers – Petitioner contended that demands were made beyond the limitation period specified in the Kerala Municipality Act – High Court ...
PIL - Town Planning – Change of Land Use – Petition challenged the conversion of land designated for sports complex to residential and commercial use by CIDCO – Contention that such conversion violates MRTP Act and prior Government Resolutions – High Court found CIDCO's actions contrary to statutory provisions and lacking necessary government approval – CIDCO'...