Civil Writ – Property Law - Urban Land Ceiling – Proceedings Abated – De Facto Possession Not Taken – State Failed to Prove Physical Possession - State failed to establish that actual possession was taken prior to repeal of the Urban Land Ceiling Act – No documentary proof of possession, panchnama, or memorandum of possession produced – Petitioners continued in ...
Writ – Service Law - Gratuity – Principal Employer’s Liability – Contract Workers – Hindustan Petroleum Corporation Limited (HPCL), the petitioner, awarded a housekeeping contract to M/s. NIS Management Limited (Respondent No. 3) – Private respondents (workers) filed claims for gratuity, which were allowed by the Controlling Authority and upheld by the Appellate...
Arbitration Law - Section 9 Arbitration Act – Maintainability Post Final Award – Petition Maintainable – Final Award Passed After Hearing Closed - Court held that merely because the final award was passed after the Section 9 petition was argued and reserved, the reliefs sought did not become infructuous – Reliefs under Section 9 may extend until enforcement of the award, es...
Civil Writ - Transport Law – Temporary Permit – Validity of Permit under Section 87(1)(c) – Petition Dismissed – Court held that while permit referred to both Section 87(2)(i) and public interest, the situation clearly fell under Section 87(1)(c) – Application dated 31.07.2023 deemed valid and revived by subsequent application dated 07.12.2024 – Held: Technical ...
Senior Citizens Act – Implied Condition of Care – Cancellation of Settlement Deed Upheld – The appellant challenged the order of the Revenue Divisional Officer (RDO) canceling a Settlement Deed executed by a senior citizen in favor of her son, on the ground that the son and daughter-in-law had failed to maintain the senior citizen – The Court held that Section 23(1) of ...
Education Law - University Examination – Scaling Down of Marks – Unlawful Application of Old Regulations – Petition Allowed – The petitioner was declared "fail" in a re-appear examination due to the University's reduction of his marks from 54/80 to 41/60 based on outdated regulations (60:40 ratio) – The Court held that since the petitioner appeared for t...
Passports Act – Renewal of Passport – Pending Criminal Proceedings – Petitioner, an Indian citizen residing in the USA, sought renewal of his passport bearing No. M5407876, which was due to expire on 08.09.2025 – Renewal was denied by the Regional Passport Office, Bengaluru (Respondent No.2) due to pending criminal proceedings under Sections 354A, 354D, 504, and 420 IPC &nd...
Criminal Law - Extradition Proceedings in Matrimonial Dispute – Non-appearance in Quasi-Criminal Proceedings – Section 26 of the Domestic Violence Act – Extradition Order Set Aside – The appellant’s passport was impounded due to multiple cases filed by the respondent – The Trial Court ordered the initiation of extradition proceedings against him due to his failu...
Civil Writ - Public Employment – Prescribed Qualification vs. Equivalent Qualification – KPSC’s Inconsistent Approach Struck Down – The petitioners contended that their qualifications, recognized by government institutions, were equivalent to the prescribed qualification in the recruitment notification – The Court found that the KPSC had arbitrarily excluded them desp...
Civil Procedure – Summary Judgment – Rejection of Application – Order XIII-A CPC – Requirement of No Real Prospect of Defense – Delhi High Court judgments relied upon – Summary judgment can be granted where there is no real prospect of success or defense – Court must ensure just disposal without unnecessary trial – Court held that since the issue of ...
