Writ Jurisdiction – Termination of Contract under Risk and Cost – Scope of Judicial Review – PWD Road Work – Contractor sought quashing of termination order alleging defective estimate, change in site conditions, requirement of additional retaining walls, rigid pavement and shifting of electric posts – Held: After executing contract with full knowledge of scope of wor...
Judicial Review – Examination Matters – Limited Scope – Academic Autonomy – Writ petition alleging arbitrary reduction of twenty marks in Paper-I of Delhi Judicial Services Examination (Mains), 2023 after initial evaluation – Petitioner sought restoration of original marks and revision of final merit list – High Court reiterated that courts must exercise restrai...
Land Acquisition – Unauthorized Occupation by State Instrumentalities – Right to Property under Article 300-A – Continuing Cause of Action – Delay and Laches – Non-acquisition of Land – Petitioners, recorded owners/cultivators of land measuring 41 kanals 02 marlas (Khasra No. 1651, Village Birpur), alleged illegal occupation by SICOP/SIDCO since 1983–84 wi...
Employment Contract – Restrictive Covenants – Non-Competition Clause – Section 27 Contract Act – Appeal against refusal of ad interim injunction – Clause restraining employee from joining competing business for two years post cessation – Held, once employee ceased to be in service upon resignation, post-employment non-compete clause is prima facie void under Sec...
Service Law – Age of Superannuation – Central Health Service Doctors – Amendment to FR 56(bb) – Age of superannuation stipulated as 62 years with conditional continuation up to 65 years upon exercise of option – Continuation confined to teaching, clinical, patient care, public health and advisory functions – Challenge to amendment as arbitrary and unconstitution...
Senior Citizens Act – Section 23 – Annulment of Gift – Petitioner, 84-year-old senior citizen, executed gift deed in favour of daughters on assurance of care – Subsequent neglect pleaded – Authorities rejected application solely on ground that gift deed lacked express maintenance clause – Held, senior citizen made out case for invoking Section 23 – Transfe...
Banking Law – Fraud Classification – RBI Master Directions – Declaration of account as “Fraud” during pendency of writ petition – Petitioners challenged show cause notices dated 28-02-2025 alleging non-supply of Forensic Audit Reports and relied upon documents – During pendency and after conclusion of hearing, bank issued letters dated 15-01-2026 declaring...
Insurance Law – Weather Based Crop Insurance Scheme – Disclosure of Material Terms – Duty of Insurer – Claims under WBCIS repudiated on the ground that adverse weather parameters on 13.05.2012 did not meet prescribed trigger points – Farmers alleged that detailed terms of scheme including wind-speed and rainfall trigger points were never disclosed – Held: Contra...
Education Law – Student Discipline – Rustication – Conditions imposed by Writ Court – Validity – Learned Single Judge set aside rustication order but imposed multiple conditions including requirement to carry a placard admitting misconduct and stand at university gate for 30 minutes daily for 30 days – Division Bench held that while the High Court can mould reli...
Education Law – Unrecognised Schools – Mandatory Recognition under RTE Act – Section 18 – Petitioners alleged that a private educational institution was being run without statutory recognition – Educational authorities found institution to be unrecognised and issued stop memo – Held: Running any school without recognition from the competent Government authority ...