Secularism and Minority Rights – Constitutional Validity of Madarsa Act – The Court analyzed whether the Madarsa Act violates secularism, a core principle of the Constitution, by establishing a board that regulates Islamic educational institutions – Held: The Act, being regulatory and aiming at educational standardization, does not per se contravene secularism if balanced with mi...
Amendment of Statute – Retrospective Application of Ordinance – Ordinance of 2024 Amending No-Confidence Motion Rules – Appeal Dismissed - Retrospective Application of Statutory Amendment – No-Confidence Motion – Section 43A of the M.P. Municipalities Act – Prospective or Retrospective Operation of Amendment - The appellants argued that the amendment introduced ...
Partition Suit – Joint Family Property – Reversal of Lower Court’s Decree - The plaintiffs sought partition of the schedule properties, asserting them as joint family assets – The trial court dismissed the suit regarding items 4 and 8 due to insufficient evidence of joint family ownership – On appeal, the 1st appellate court reversed this finding, granting partition f...
Mortgage and Promissory Note Claim – Partial Decree Granted for Simple Mortgage Only - The plaintiff sought recovery of Rs.1,15,09,000, with interest, based on a registered simple mortgage deed and an equitable mortgage purportedly created by promissory notes – The defendants admitted the simple mortgage but denied the equitable mortgage – The court examined the validity of both ...
Civil Law – Mega Power Policy and Change in Law – Press Release as Binding Legal Instrument – Appeal Dismissed - Mega Power Status and Notification Requirements – Appellants contended that the 01.10.2009 press release announcing the Union Cabinet's decision on the revised Mega Power Policy constituted a legally binding "Change in Law" under Clause 13 of the Po...
Civil Law - Limitation for Reference – Section 10 and 2A of the Industrial Disputes Act – Delay Beyond Reasonable Period – The petitioner challenged the Central Government's order of reference to the Industrial Tribunal made after an 11-year delay post-appeal dismissal – The court noted that while Section 10 of the ID Act does not prescribe a limitation period, a reason...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Labour Law - Industrial Disputes – Relevance of Additional Documents – Section 10(1B)(d) of the Industrial Disputes Act – Petition to Submit Evidence Denied - The petitioner sought permission to submit additional documents before the Industrial Tribunal to demonstrate the respondent's alleged misconduct, arguing that these documents, including criminal complaints and general ...
Eligibility for Public Employment – Requirement of CCC Certificate at Interview Stage – Termination of Candidates' Services Deemed Arbitrary – Candidates selected under the 2014 recruitment for the post of Technician Grade-II in Uttar Pradesh Power Corporation Limited challenged their termination on the ground that they fulfilled the CCC (Computer Concepts Course) certificati...
Counter-Claim – Requirement for Separate Appeals – Appeal filed challenging the dismissal of the main suit without filing a separate appeal against the counter-claim – Held: When both the suit and counter-claim are decided, separate appeals must be filed to challenge both – Failure to file separate appeals results in res judicata – The First Appellate Court erred by r...