Service Law – Dismissal of Bank Officer – Alleged Fraudulent Bond Transaction – Disciplinary Proceedings – Judicial Review – Petitioner, a Chief Manager with an unblemished record, dismissed after internal disciplinary proceedings found him guilty of diverting ₹5,00,000 by issuing a false RBI Bond in the name of a customer – Petitioner claimed the act was a pr...
PIL - Wildlife Law – Possession of Ivory – Notification under Section 40(4) of Wild Life Protection Act – Gazette Publication Mandatory – State issued notifications permitting declaration of ivory articles by a film actor and granted ownership certificates – Notifications not published in the Official Gazette – Held: Power under Section 40(4) must be exercised s...
Criminal writ - Preventive Detention – Article 19(1)(a) vs Article 22 – Detention Held Valid – Petitioners contended that detention for making speeches affecting public order infringed their right to free speech under Article 19(1)(a) and was therefore unconstitutional – Supreme Court reaffirmed the principle laid down in A.K. Gopalan v. State of Madras that a law relating ...
Civil Writ - Admissions Policy – Community Quotas – Articles 29(2), 15(1), 13 – Communal G.O. Struck Down – Petitions under Article 226 assailed the Madras Government’s communal proportions for college admissions – Held: Article 29(2) guarantees an individual citizen’s right not to be denied admission to State-maintained/aided institutions on grounds only ...
Civil Writ - Challenge Constitution to the validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 - Maintainability – Locus Standi – Article 32 – Company vs Shareholder Rights – Petition Not Maintainable Where Shareholder Challenges Law Affecting Company Alone – An individual shareholder cannot invoke Article 32 to challenge legislation...
Writ Jurisdiction – Maintainability – Civil Suit Pending – Petitioner challenged the review order passed by Collector under Section 15 of the Punjab Land Revenue Act, 1887, concerning mutation of lease deed – Review application was filed after 25 years – Petitioner had already filed a civil suit questioning the legality of the same order dated 26.02.2008 – Held:...
Civil Writ - Public Employment – Communal Reservation – Article 16 of the Constitution – Communal G.O. Declared Void – The petitioner, a qualified Brahmin advocate, was denied selection for the post of District Munsif under a communal reservation scheme that allocated posts to specific castes and communities – The Court held that while Article 16(4) allows reservation...
Civil Writ - Article 226 – Interim Relief as Sole Relief – Not Permissible – The Orissa High Court declined to decide parties’ rights yet granted interim directions maintaining possession to bridge the Section 80 CPC notice period – Held: Article 226 cannot be used to grant interim relief as the only and final relief; interim orders can be made only in aid of, and anc...
Banking Law – Priority of Secured Creditors – Sections 26E SARFAESI Act and 31B RDB Act – Mortgage created in 2011 by borrower in favour of petitioner bank – Subsequent attachment of same property by SDM, Jaunpur in 2015 for recovery of dues of Food and Civil Supply Department – Held: Illegal – Statutory charge of secured creditor has overriding effect – S...
Writ Jurisdiction – Maintainability – Statutory Remedy – Writ petition under Article 226 filed against order of the Appellate Tribunal refusing waiver of pre-deposit of penalty – High Court dismissed petition for lack of territorial jurisdiction – Supreme Court held writ petition was not maintainable as statutory appeal under Section 35 of FEMA was available – H...