Adoption – Consent of Biological Father – Inference Permissible – Petitioners, mother and stepfather, applied for adoption – State Authority insisted on father’s written consent though he had relinquished custody/visitation rights in matrimonial settlement – Biological father remained silent before Court – Held: silence and prior relinquishment justify inf...
Judicial Service Recruitment – Clause 8.4 prescribing minimum 40% in each paper and 50% aggregate upheld – Administrative instructions can supplement Rules when silent – Petition dismissed [Paras 12-20].
Scope of Rules – Rules of 2007 for Punjab & Haryana provide for written test (750 marks) and viva voce (250 marks) but are silent on qualifying marks – Notific...
Local Body Elections – Ward Formation/Delimitation – Const. Arts. 243-O & 243-ZG – High Court cannot interfere once objections heard and final notification issued – Petitions dismissed; elections to proceed per SC mandate.
Local Body Elections – Ward Formation – Constitutional Bar – Arts. 243-C, 243-K, 243-O, 243-ZG, 329(a) – Delimitation and ...
Civil Writ - Foreigners Tribunal – Ex-Parte Declaration – Delay in Challenge – Petition Dismissed – The petitioner challenged the ex-parte opinion of the Foreigners' Tribunal after nearly six years – High Court held that the petitioner was aware of the proceedings, had appeared through counsel, and failed to adduce evidence despite multiple opportunities – D...
Civil Writ - Illegal Migrant - Foreigners’ Tribunal – Burden of Proof – Section 2(a) of the Foreigners Act, 1946 – Declaration as Foreigner Upheld – Petitioner failed to establish linkage with projected parents through sale deed, jamabandi, and electoral rolls – Tribunal held evidence unreliable and inadmissible – High Court upheld Tribunal’s view, h...
Quick Capsule – Pension Scheme – LIC v. HIMUDA retirees – Contract concluded in 2008 with Trust Deed and disbursement of pension – Master Policy of 2010 cannot override agreed terms – LIC estopped from altering obligations – Appeals dismissed, widows’ petitions allowed, pension/family pension to be released [Paras 23–33].
Pension Scheme – Co...
Service Law – Regularization of Quasi Employees – No Employer-Employee Relationship – Writ Dismissed – Petitioners claimed employment under a non-statutory recognized canteen and sought regularization – Court held no valid agreement existed under Para 2833 of IREM, no supervision or control by Railway – Tribunal rightly held that no employer-employee relationshi...
Child Custody – Direction to Produce Child – Writ of Habeas Corpus – Contempt of Court Established – The respondent failed to comply with the High Court’s order dated 12.04.2019 in W.P. No. 47795 of 2018, which required her to produce the minor child before the Family Court at Tirupati – Held: Non-compliance constitutes willful disobedience – Subsequent de...
Criminal Writ - Child Custody – Habeas Corpus – Biological Parent vs. Grandparent – Petitioner, biological father and natural guardian, sought custody of son from maternal grandmother – Respondent contended emotional bond, financial incapacity of father, and pending custody proceedings – Held: Biological parents’ right to custody prevails unless welfare of child...
Criminal Law – Unlicensed Firearms – Suo motu action by Supreme Court – Issue of proliferation and widespread use of unlicensed firearms noticed during hearing of SLP involving Section 302 IPC – Court highlighted that unlike U.S. Constitution, Indian Constitution does not confer a fundamental right to bear arms – Preservation of life under Article 21 necessitates stri...