Election Law - No Confidence Motion – Compliance with Section 54(2)(c) of Odisha Municipality Act – Petition Dismissed - The petitioners challenged the validity of a notice issued by the Collector calling for a vote of no confidence against the Chairperson of Purusottampur N.A.C., arguing that the notice was not accompanied by the requisition and resolution as mandated by Section 54(2)...
Jurisdiction of Permanent Lok Adalat – Public Utility Services – Passport Issuance Not Within Ambit – Petition Allowed – The petitioners challenged the orders of the Permanent Lok Adalat (Public Utility Services) directing the issuance of passports and imposing penalties for delays – The Court held that issuance of passports is a sovereign function governed by the Pas...
Lease Renewal – Applicability of 1995 Rules – Rule 12 of Assignment of Land within Municipal and Corporation Areas Rules, 1995 - The respondent Tennis Club challenged the demand for arrears of lease rent under the 1995 Rules after failing to renew the lease within the stipulated time. The Court held that the Club, being a lessee under expired leases, was bound by the 1995 Rules, which ...
Absence of Prayer for Cancellation of Sale Deed – Not Fatal to Plaintiff’s Case – The defendant argued that the plaintiff’s failure to seek cancellation of the sale deed under Section 31 of the Specific Relief Act was fatal to the case – The Court held that the plaintiff’s prayer for declaration that the sale deed was executed as security was sufficient, and no ...
Employment Law - Appointment Process – Provisional vs. Final Merit List – The petitioner, who was ranked first in the provisional merit list for the post of ANM, challenged the appointment of the respondent, who was ranked first in the final merit list after re-scrutiny – Held: Mere empanelment in a provisional list does not confer an indefeasible right to appointment. The final ...
Panchayat Elections – Casual Vacancy – Rule 46 of the Odisha Panchayat Samiti Election Rules, 1991 – Process of Election Quashed - The petitioners, who held positions in the respective Panchayat Samitis, challenged the notification issued by the State Election Commission to fill the casual vacancies of Chairman without conducting elections for the corresponding vacant Samiti memb...
Motor Accident – Negligence and Compensation – Petition Dismissed – The appellant, Harbans Kaur, was injured when a scooter driven by Darshan Lal allegedly struck her leg, causing crush injuries and a blunt head injury – The Motor Accident Claims Tribunal (MACT) dismissed her claim, finding insufficient evidence to link the accident with the scooter driven by Darshan Lal &n...
Patent Infringement – Ad-Interim Injunction – Order XXXIX Rules 1 & 2 CPC – Denial Due to Lack of Claim Mapping - The plaintiffs sought an ad-interim injunction against the defendant for allegedly infringing their patents on Pertuzumab through the product “Sigrima.” The Court held that in patent infringement cases, a prima facie case must be established, including...
Civil Procedure – Recall of Ex-Parte Decree – The petitioner sought to recall an ex-parte decree passed by the Sub-Judge under Order 8 Rule 10 of the CPC – The petitioner argued that the decree was passed without affording him sufficient opportunity to defend his case – The court dismissed the writ petition, holding that judicial orders of civil courts cannot be challenged ...
Banking Law – Sanction for Prosecution – Petitioners, officers of Punjab National Bank, were prosecuted based on allegations of sanctioning loans in violation of bank norms – Earlier, the competent authority refused to grant sanction for prosecution due to lack of malafides and minor procedural lapses – Sanction was later granted under pressure from the CVC and DoPT without...