Constitutional Law – Resignation by Legislator – Inaction by Chairman – Writ maintainable – Petitioner, a Member of the Andhra Pradesh Legislative Council, submitted resignation on 23.11.2024 – Chairman failed to act upon it for over nine months – Held: Under Article 190(3)(b) and Rule 190 of the Council Rules, the Chairman is duty-bound to verify only voluntari...
PIL - Disability Rights – Reasonable Accommodation – Civil Services Examination – Visually impaired candidates sought permission to use screen reader-enabled laptops and modify scribe details closer to exam date – Supreme Court held that such accommodations are essential to uphold Articles 14 and 21 – UPSC directed to permit change of scribes up to 7 days before exam ...
Service Law – Police Personnel – Corruption – Dismissal – ASI trapped for accepting bribe – Inquiry held valid – SP competent authority – Court affirms dismissal as justified under Rule 16.2 and Rule 16.40 PPR; length of service irrelevant when guilt of corruption established [Paras 6–8, 12–13].
Competent Authority – SP as Appointing &...
Consumer Law – Maintainability of Writ – Challenge to National Commission Orders – High Court holds that although writ under Article 226 is maintainable against National Commission orders, such jurisdiction is to be exercised sparingly and ordinarily declined when Article 227 remedy exists – Petitioner’s challenge rejected as findings of Consumer Fora were concurrent,...
Civil Writ - Right to Travel Abroad – Article 21 – DRT Jurisdiction – Recovery Officer imposed conditions requiring ₹50 crores deposit/surety for permitting petitioner to travel to USA – Held: DRT has no statutory power to restrain or condition foreign travel; such power must arise from “enacted law” – No such law exists in RDDBFI Act or Rules – Co...
Land Acquisition – De-notification under Section 101-A of 2013 Act – No vested right – Petitioners sought de-notification on the ground that the land acquired in 2008 under urgency clause remained unutilised – High Court held that Section 101-A does not confer any right on landowners to demand release – De-notification is a discretionary power of the State Government,...
Motor Vehicles Law – Cashless Treatment Scheme – Section 162(1) MV Act – The Court considered the plea for a cashless treatment scheme for road accident victims during the "Golden Hour" – Held: The Justice A.M. Sapre Committee is requested to deliberate on the reliefs sought regarding cashless treatment, reimbursement of post-discharge expenses, and integration wi...
Service Law – Seniority – Determination of Inter-se Seniority – Direct Recruits vs. Promotees – Recruitment Year vs. Date of Appointment – Held: Seniority cannot be reckoned from the date of occurrence of vacancy or initiation of recruitment process unless expressly provided by rules – It must be reckoned from the date of substantive appointment/entry into the c...
Consumer Law – Dismissal for Non-Prosecution – Restoration – Writ Jurisdiction – Complaint filed before State Consumer Commission dismissed for non-prosecution – Single Judge set aside dismissal relying on Sections 38(2)(c) and 49 of Consumer Protection Act, 2019, holding the Commission was bound to decide on merits even in absence of complainant – Held: Single ...
Mining Law – Vehicle Seizure – Authorized Officer – Seizure upheld – Petitioner challenged seizure of Tata Signa Hyva truck on the ground that it was illegally seized by the Tahasildar – Held: Though the raid was supervised by the Tahasildar, the seizure was carried out by a Sub-Inspector of Police, a competent authority under Rule 51(1)(ii) of the OMMC Rules – ...