Service Law - Termination of Service – Applicability of Article 311(2)(b) – Invalid Termination – The appellants terminated the services of doctors under Article 311(2)(b) citing impracticability of conducting a disciplinary enquiry due to large-scale absenteeism – The High Court quashed the termination orders, holding the provision inapplicable and ordered reinstatement wi...
Trusts and Estates – Development Agreement – Originating Summons for Opinion – Plaintiff sought court’s opinion on executing a Development Agreement concerning Raghunath Chatterjee Street property for the benefit of deities – Agreement to include adult male descendants as confirming parties – Court affirmed benefit for deities and consent from family members &nd...
Parole – Definition of Hardcore Prisoner – Rejection of Parole for Family Obligations – Petitioner convicted under Sections 148, 302, 307, and other provisions of IPC sought emergency parole for 10 weeks to attend his daughter’s marriage – Denial of parole citing petitioner’s involvement in criminal activities during prior paroles and categorization as a "h...
Patents – Rejection of Patent Application – Appeal against rejection of patent application for method of preparation of Plasma-derived Hepatitis B Human Immunoglobulin Agent – Patent Controller’s order lacking discussion on prior arts and justifiable reasons – Remitted for fresh consideration [Paras 1-10].
Prior Arts – Lack of Discussion – Respondent fa...
Civil Writ - PIL - Judicial Review – Public Contracts – Excessive Delegation Invalidated – Articles 13 and 14 of the Concession Agreement, allowing NOIDA Toll Bridge Company Ltd. to levy toll, were held invalid for violating public policy – Held: Power to levy fees or toll cannot be delegated to private entities as per the Uttar Pradesh Industrial Area Development Act, 1976...
Land Acquisition – Validity of Notification – Non-Compliance with Procedural Safeguards – Compensation Delayed – Appellant Trust challenged the quashing of acquisition proceedings initiated under Section 52(1) of the Rajasthan Urban Improvement Act, 1959 – High Court held that failure to serve individual notices under Section 52(2) and delay in compensation invalidate...
Transfer of Matrimonial Cases – Jurisdiction and Convenience – Husband and wife filed petitions for divorce and maintenance in Family Courts at Muvattupuzha and Thalassery respectively – Transfer petitions filed by both parties were disposed of by a Single Judge – Appeal by husband challenging the jurisdiction of Family Court, Thalassery, was dismissed – Appeals again...
Review Jurisdiction – Grounds for Review – Petitioner seeks review of dismissal order, arguing substantial questions of law were raised but not considered by the court – Review petition examined under Order XLVII Rule 1 CPC – Review permissible on grounds of discovery of new evidence, error apparent on face of record, or other sufficient reason [Paras 1-22].
Er...
Public Auction – Revision of Reserve Price – Petitioner challenged the rejection of their application for a plot in SEZ Phase-II Sitapura Industrial Area due to the subsequent revision of the reserve price. The court upheld the rejection, emphasizing that the highest bidder does not have a vested right to have the auction concluded in their favor if the conditions change before the auc...
Land Tenancy Rights – Legal Status and Recording – Appellant’s recorded tenancy rights altered by Sub-Divisional Officer without due notice and hearing – High Court examines legal position post-1952 Act and full Bench decision in Tara & 35 Ors. Vs. State of Rajasthan – Orders of revenue authorities and learned Single Judge set aside – Case remanded for prope...