Judicial Immunity – Protection under Judges (Protection) Act, 1985 – The petitioner argued that actions performed under Section 165 of the Land Revenue Code were judicial in nature, entitling him to protection under the Judges (Protection) Act – The Court noted that Additional Collectors are empowered to perform judicial functions per Section 17 of the Code – Held: Petition...
Civil Writ - Rent Law – Landlord’s Bona Fide Need – Scope of Judicial Review under Article 227 – Petition challenging lower court orders that allowed the landlord’s eviction application under Section 21(1)(a) of the UP Urban Buildings Act for setting up an Advocate’s chamber – Tenant argued that the landlord’s stated need was insincere and mere...
Maintainability of Review – High Court’s Power under Article 215 – Review Allowed - Petitioners sought review of an order dismissing their arbitration application under Section 11 of the Arbitration Act, arguing an error on the record in identifying R-Cube Energy’s legal structure – Respondents argued that the Arbitration Act lacks a review provision, precluding the H...
Electricity Law – Privatization of U.T. Chandigarh Electricity Wing – Validity of Bidding Process – The petitioners challenged the privatization process of the U.T. Chandigarh Electricity Wing, alleging that the transfer scheme under Section 131 of the Electricity Act, 2003, was neither finalized nor approved before the issuance of bids, and that no company was incorporated to un...
Proper Officer Jurisdiction – Section 6 and Section 5 of the Customs Act, 1962 – Jurisdiction of DRI Officers to Issue Notices – Canon India Clarified - The Supreme Court clarified that DRI officers had been validly empowered to issue show cause notices under Section 28 of the Customs Act, 1962, by virtue of prior notifications and statutory provisions under Sections 2(34) and 5....
Civil Procedure – Amendment of Pleadings – Petitioner challenged the trial court’s partial rejection of the amendment application – Contention that proposed amendment did not change cause of action – High Court held proposed amendment only explained existing cause of action without introducing a new one – Trial court’s order set aside [Paras 1-16].
Amen...
Jurisdiction – Criminal Procedure – FIR Quashing – Petitioner challenged the jurisdiction of the CJM, Jammu, to entertain a complaint leading to FIR No.79/2013 – Contended no part of the cause of action arose within territorial jurisdiction of Jammu – Court held CJM lacked jurisdiction under Section 156(3) CrPC as no event occurred within its territorial limits &ndash...
Election Law – Cancellation of Elections – Impugned Order – The petitioner challenged the order dated 11.10.2024, which cancelled the elections for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur – The petitioner argued that the order was illegal, arbitrary, and against natural justice – High Court held that the cancellation of ...
Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections &...
Reservation for Economically Weaker Sections (EWS) – Eligibility for General Category – The petitioners argued that candidates from the EWS category who scored higher than the last candidate in the General Category should be considered for unreserved seats – Held: As per Article 16(6) of the Constitution, EWS reservation is distinct, and candidates selected under this category sh...