Civil Writ - Article 12 – BCCI’s status as “State” – Tests from Pradeep Kumar Biswas applied – Petition under Article 32 dismissed (majority) – The Court held BCCI is not created by statute, receives no financial assistance, is not under deep and pervasive governmental control, and its monopoly in cricket is not State-conferred or State-protected – M...
Banking Law - SARFAESI – Possession of Secured Asset – Tahsildar’s Competence – ARC filed writ petition challenging Ext. P10 order passed by the Tahsildar on the complaint that property unconnected with loan transaction was taken possession of under SARFAESI proceedings – Held: Tahsildar has no authority to interfere in matters already adjudicated by the Chief Judicia...
Panchayat Election – Disqualification for Having More than Two Children – Sections 175(1)(q) and 177(1), Haryana Panchayati Raj Act – Constitutional Validity Upheld – Challenge raised on grounds of arbitrariness, violation of personal liberty under Article 21, and religious freedom under Article 25 – Held: Right to contest elections is not a fundamental right – ...
Land Acquisition – Challenge to Notification after Delay – Section 4, Section 17, Section 18 of the Land Acquisition Act, 1894 – Writ Petition Dismissed – Respondents filed a writ petition challenging acquisition 22 years after notification under Section 4 read with Section 17, despite having earlier sought enhancement of compensation under Section 18 – High Court all...
Taxation Law - Freedom of Trade and Entry Tax – Constitutional Validity of Haryana Local Area Development Tax Act, 2000 – Article 301 and 304 – Reference to Constitution Bench – Appellants, industrial units in Haryana, challenged levy of entry tax under the Act as violative of Article 301, contending it imposed restriction on inter-state trade and was not protected under Ar...
Writ Petition – Alleged Coercion in Withdrawal – Restoration Allowed – Judgement in Favour of Justice – The appellant, a member of a Scheduled Caste, challenged the validity of mining lease rules and entitlement of private parties – During pendency, writ petition was withdrawn allegedly under coercion, followed by a restoration plea supported by a detailed affidavit &...
Civil Writ - Medical Education – Bonded Service – Higher Studies – Government Resolution 2017 – Petitioner signed post-PG bond requiring two years’ service – Clause 1(e) expressly allows bond to pause if candidate gets higher studies opportunity and resume post-study – Held: Subsequent Resolutions of 2021/2024 restricting NOC to NMC-approved courses not ap...
Service Law – Public Employment – Merit-Based Selection – Appointment Denied Arbitrarily – Writ Allowed – Petitioner participated in counselling for post of Constable (General Duty) – Though he ranked higher in merit (sl.no. 1570), he was denied appointment on grounds of exhausting district-wise vacancies – Candidate ranked lower (sl.no. 1592) given appoin...
Civil Writ - Immigration Law – Deportation – Exit Permit – Mother and minor daughters found living in a cave in Gokarna – Russian Consulate issued Emergency Travel Documents (ETDs) requesting immediate repatriation – Mother explicitly communicated her intent to return to Russia with children – FRRO processing Exit Permits – Held: Action of authorities in f...
Limitation – Condonation of Delay – Inordinate Delay – Appeal filed by Gram Panchayat after six years and fourteen days of trial court decree – Petitioner failed to establish any sufficient cause for such delay – Appellate court rightly rejected delay application – Held: Petitioner was aware of the decree and participated in trial – Delay not caused by any...