Service Law – Public Recruitment – Technical Defect in Caste Certificate – Candidature Wrongly Rejected – Petitioner’s Scheduled Caste certificate was found valid but rejected for lacking registration number and date – The certificate had been issued before the cut-off date and the petitioner qualified through all stages – Held: A technical defect in a val...
Administrative Law – Policy Decision on FASTag – No Judicial Interference – PIL Dismissed – The petitioner challenged the government’s circulars mandating FASTag for toll payments and imposing double charges for non-FASTag users – Held: The decision to implement FASTag is a policy measure aimed at seamless traffic flow and cannot be interfered with unless it is ...
PIL - Public Prosecutors – Appointment and Consultation – Primacy of District Judge’s Opinion – Rules of 1978 Inapplicable - The Court held that the appointment of Public Prosecutors under Section 24(3) Cr.P.C. (now Section 18(3) BNSS) is governed exclusively by statutory provisions and not by the Kerala Government Law Officers Rules of 1978, which apply only to civil posts...
Income Tax – Quashing of Notices under Section 133(6) and 148 of the Income Tax Act – Petitioner challenged the issuance of notices under Section 133(6) and Section 148 of the Income Tax Act for Assessment Year (AY) 2020-21 – Petitioner argued that the income in question (sales commission of ₹14,58,004/-) had already been disclosed in his original income tax return, and a reply...
Election Law - Corrupt Practice – Election Manifesto Promises – Not Attributable to Candidate – Petition Rejected - Allegations of corrupt practices arising from the 'five guarantees' made in the INC's election manifesto were held insufficient to constitute corrupt practice under Section 123 of the R.P. Act – The Court relied on S. Subramaniam Balaji v. State of...
Medical Fitness – Recruitment of Constable – Scoliosis Diagnosis – Appellant declared medically unfit by Civil Surgeon, Sirsa, based on diagnosis of “right dorso-lumbar spine scoliosis” – No specific opinion declaring unfitness by PGIMS Rohtak or PGIMER Chandigarh – Appellant cleared physical tests and Medical Board of PGIMER, consisting of seven specialis...
Constitutional Law - Electricity Connection – Valid Sale Deed in Unauthorized Colony – Cut-off Date for Regularization Arbitrary – Clause Quashed – The petitioner’s request for permanent electricity connection was denied due to a policy restricting registrations to documents executed before 31.07.2024 – Held: The cut-off date fixed in Clause 2.0 of the notificat...
Land Acquisition – Delay and Laches – Writ Petition Dismissed – The petitioner challenged the acquisition of land in Village Akurdi, Pune, which was acquired under the MID Act in 1971, with possession taken in 1972 – Petition filed in 2010, nearly 38 years after the acquisition – Held: Delay of over three decades is unexplained and renders the petition non-maintainabl...
PIL - Food Labelling – Front-of-Pack Nutrition Labelling (FOPNL) – Mandamus Sought – Direction Issued - The petitioner sought implementation of Front-of-Package Warning Labels on packaged foods to enhance consumer awareness of high sugar, salt, and fat content – The Union of India submitted that the Food Safety and Standards Authority of India (FSSAI) had already notified a...
Employment Law - Home Guards Recruitment – Prior Approval Under Section 3 of HG Act – Not Required for Selection – Approval Needed Only at Appointment Stage – Writ Allowed - Petitioner challenged refusal by Commandant-General to accord approval to selection list on the ground that prior approval was not obtained – Held: Section 3 of the Odisha Home Guards Act requires...
