Writ - Land Dispute – Mutation and Title – The petitioner claimed possession of land through Oral Hiba from the Nawab of Obedulla, and the land was recorded in his name after eviction suits and a compromise decree in a civil suit – The Collector, Bhopal, initiated suo motu revision proceedings to cancel the mutation and Nazul No-Objection Certificate (NOC) granted to the petition...
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....
Service Law - Disciplinary Proceedings – Procedural Lapses – Quashing of Dismissal Order – The respondent, a storekeeper implicated in a misappropriation case involving government rations, was dismissed following departmental proceedings – The CAT found procedural deficiencies in the inquiry and set aside the dismissal, allowing for fresh proceedings – The High Court ...
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...
Civil Procedure – Second Appeal – Possession and Injunction – Appeal against the reversal of a trial court’s decree granting permanent injunction in favor of the appellant – Trial court decreed that the appellant had established possession over the disputed property – Appellate court reversed the decision, excluding key evidence (an unregistered lease deed) &nda...
SARFAESI Act – Recovery Proceedings – Petitioner challenged the recovery actions initiated by Kerala Gramin Bank for an outstanding amount of Rs. 11,40,929/- – The court acknowledged the bank’s amenability to grant the petitioner an opportunity to repay the amount in monthly installments – Court directed the petitioner to clear the outstanding amount in 12 equal month...
Recruitment Process – Estoppel – Appellant challenged the selection process for Medical Technologist post at SKIMS after participating in it – Contention that only 15 candidates applied for 20 advertised posts, hence, written test and interview were unnecessary – High Court upheld the selection process – Appellant estopped from challenging the process after participat...
Land Acquisition – Unauthorized Use of Land – Compensation – Plaintiffs filed a suit for possession, permanent, and mandatory injunction after their land was utilized for road construction without their consent or due process – Trial court directed the State to acquire the land following legal procedures and disburse the assessed compensation to the landowners – High ...
Civil Procedure – Additional Documents in Commercial Suits – Plaintiffs filed an application under Order XI Rule 1(5) CPC for leave to file additional documents – Defendants opposed the application, arguing that documents should have been filed earlier – Court allowed certain additional documents, noting the necessity of their production for a just decision and emphasizing ...