Criminal Law – Prohibitory Order – Section 163 BNSS (erstwhile Section 144 Cr.P.C.) – Legality of ex-parte order restricting a Pontiff's entry into a district – Held: Order quashed for being disproportionate, lacking emergent justification for its ex-parte nature, and violating fundamental rights, especially when based on a prior order clarified by the Apex Court not to...
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 ...
Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Education Law – Excess Admissions – Pharmacy Course – Writ appeal filed by student whose admission was cancelled due to college exceeding the Pharmacy Council’s sanctioned intake – Pharmacy Council refused to regularise over-admission citing academic standards and regulatory discipline – Held: No authority vested in college or court to approve admission beyond P...
Motor Vehicles Act – Road Accident Victim Treatment – Section 162 MV Act – Cashless Treatment – Amicus Curiae and applicants sought directions to operationalize a scheme under Section 162(1) for post-discharge cashless treatment of accident victims and reimbursement of expenses – Court referred the matter to Justice A.M. Sapre Committee to examine implementation mecha...
Senior Citizen Law – Eviction of Legal Heirs – Beneficial Legislation – Petitioner, an 80-year-old senior citizen, challenged the order of the Appellate Authority setting aside eviction of his daughter and her family from second floor of property – Appellate Authority held eviction unjustified as no ill-treatment or non-maintenance was proved – Held: Such a requiremen...
Criminal Law – Police Harassment – Herbal Hookah in Restaurant – Petitioner alleged police interference with lawful restaurant operation citing alleged sale of tobacco-laced hookah – Petitioner claimed use of only herbal substances without nicotine – Held: Police not to interfere with restaurant business unless illegal activity is found – Direction issued to pet...
Banking Law – Debit Freezing of Accounts – Suspicious Transactions – No Law Enforcement Requisition – Banks froze petitioners' accounts based on internal suspicion of large-value transactions inconsistent with declared income profiles – No directions received from law enforcement or court for account freezing – Held: Though RBI directions do not explicitly a...
Civil Writ - Temple Management – Online Darshan – Hybrid System – Petitioners sought restoration of online booking facility for darshan at Guruvayoor Temple citing hardships to elderly and differently-abled devotees – Managing Committee cited practical difficulties including ritual unpredictability and past conflicts between online and offline devotees – Held: Online ...
Civil Writ - Industrial Zoning – Use of Land in Food Processing Park – Environmental Impact – Writ Appeal Dismissed as Infructuous – Appellants challenged licence agreement (Ext.P4) issued by KINFRA in 2013 permitting R5 (Malabar Gold Pvt. Ltd.) to establish a gold manufacturing unit in Kakkancheri Food Processing Park – Held: The land was part of a general zone withi...