Constitutional Law - Presidential Reference under Article 317(1) - Public Service Commission – Meaning of Misbehaviour – Article 317 of the Constitution – Wider Interpretation Affirmed – The Court reiterated that ‘misbehaviour’ under Article 317 must be interpreted widely in the context of the constitutional position held by members of Public Service Commissions...
Civil Writ – Environmental Law - Quarry Operations – Challenge to Stop Memo and Licensing – Section 233A Kerala Panchayat Raj Act – Stop Memo Set Aside – Deemed Licence Upheld – The petitioners approached the Court seeking to stop quarry operations conducted by the 3rd respondent alleging nuisance, environmental degradation, damage to property, and road de...
Freedom of Religion – Article 25 of the Constitution – Scope of Worship – Right to Worship Upheld with Restrictions – The Court reaffirmed that public worship is a constitutional right but not absolute – Held: Installation and immersion of Vinayagar idols must conform to public order, environmental laws, and administrative guidelines – Right to worship cannot ov...
Service Law – Equal Pay for Equal Work – Part-Time Lecturers – Relief Granted – Petitioner, appointed as a part-time lecturer in a grant-in-aid college, demanded parity in salary on a pro rata basis in line with UGC norms and Sixth Pay Commission – Court held that qualifications, duties, and mode of selection being identical to full-time lecturers, the denial of propo...
Anticipatory Bail – Maintainability under SC/ST Act – Section 14A(2) Appeal Allowed – The appellant, father of the victim, challenged denial of anticipatory bail on grounds that SC/ST Act provisions did not prima facie apply as both accused and victim belonged to the same community – Held: In light of Shajan Skaria v. State of Kerala, anticipatory bail under Section 438 CrP...
Service Law – Examination – Judicial Review of Answer Key – Manifest Error in Law – Interference Warranted - Petitioners challenged the official answer key for Question No. 28 in Set 'K', concerning a Magistrate’s power under Cr.P.C. – Court found that the correct answer was both cognizable and non-cognizable offences, whereas HSSC had opted only for cog...
Civil Law - Land Revenue Act – Delay Condonation – Appeal Filed After 24 Years – Quashing Sought – Delay Condonation Upheld – Petitioner challenged condonation of 24-year delay in appeal against mutation order – Court found that petitioner had actively participated in appeal proceedings post-revisional order – Once petitioner accepted revisional direction ...
Writ Petition – Order 7 Rule 11 CPC – Section 230 Rajasthan Tenancy Act – Section 2(2) Hindu Succession Act – Maintainability of ST daughter’s suit for declaration of khatedari rights – Board’s revisional order quashed – Petitioner (sole daughter of a Meena ST father) filed revenue suit for declaration after civil court directed her to seek khatedari...
Family Law - Senior Citizens Act – Right of Residence – Interplay with Domestic Violence Act – Tribunal’s order upheld – Petitioners (daughter-in-law and relatives) challenged Maintenance Tribunal’s order under Senior Citizens Act permitting 2nd respondent (mother-in-law) to reside on first floor of same building occupied by petitioners on ground floor – P...
Criminal Writ - Temporary Access To Sealed Structure – BNSS ss.164 & 438 – Article 227 – Interim festival access to sealed premises – Order Quashed – Common order in criminal writ challenged interim arrangement by Sessions Court permitting respondents limited use of sealed structure for Nagpanchami – Held: In a revision arising from Section 164 BNSS pr...