Land Acquisition – Change of Public Purpose – Petitioner's challenge to acquisition for a mandi, later repurposed for a school playground and building – Court holds repurposing still serves public purpose – No merit in petitioner's claim for land release [Paras 1-10].
Procedural Lapse and Delay – Petition dismissed on grounds of delay and latches ...
Addition of Parties – Order I, Rule 10 CPC – Petitioners contested the order of Munsif, Barh, rejecting the application to add parties as defendants in a title suit – High Court upheld the trial court’s discretion, emphasizing that such decisions aim to facilitate effective adjudication without causing undue delay or complications – Found no error in the trial court&r...
Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Jurisdiction of PCA – Orders Against Private Individuals – Legal Validity – PCA directed the registration of FIRs against appellants, who are private individuals, following civil disputes misrepresented as criminal matters. The court held that PCA's jurisdiction under the Punjab Police Act, 2007, is restricted to cases involving police personnel, and it cannot pass orders aga...
Easementary Rights – Implied Grant – Plaintiff sought declaration for the right to use a common staircase to access the terrace above his shops – Trial court granted partial relief, limiting access to the first floor – Appellate court extended rights to include terrace access – High Court upheld the appellate court’s decision, emphasizing implied grant and easem...
Service Law – Pay Re-fixation and Recovery – Petitioner served on an ad-hoc basis as a Research Officer for over 14 years – Reverted to the original position of Senior Research Assistant – Tribunal upheld reversion and recovery of excess salary paid – High Court observed long service in higher position justifies protection of higher salary for terminal benefits &ndash...
Civil Procedure – Amendment of Pleadings – Application for amendment under Order VI Rule 17 CPC allowed by Trial Court – Amendment sought to rectify General Power of Attorney (GPA) and include additional defendants – Trial Court found amendment necessary for effective adjudication – Delhi High Court finds amendment introduces new cause of action and affects rights of ...
Adverse Possession – Legal Requirements – Defendants claimed ownership by adverse possession – Courts found defendants failed to prove hostile, open, and continuous possession – Claim of adverse possession inherently acknowledges the title of another party – Supreme Court precedent emphasized inconsistency in claiming both ownership and adverse possession simultaneous...
Administrative Orders and Statutory Provisions – Supremacy of Law – The petitioner challenged the validity of various administrative memoranda that penalized her for participating in a strike. The Court held that statutory provisions and regulations must prevail over executive orders. Any administrative order conflicting with statutory law and regulations is ultra vires and must be set...
Natural Justice – Procedural Fairness – Supply of Communication – Non-supply of communication does not vitiate proceedings if no prejudice caused – Petitioner did not demonstrate how non-supply of letter dated 15-5-2020 prejudiced his defense – Termination of contract upheld [Paras 27-33].
Termination of Contract – Contract Term Expiration – Relief Limi...