Civil Law - Landlord-Tenant Relationship – Effect of Family Settlement – Maintainability of Release Application – Tenant’s Claim of Co-Ownership Rejected – The petitioner contended that he was not a tenant under respondent no.3 and had become co-owner by purchasing a part of the tenanted premises from respondent no.4 – Held: Based on oral family settlement betwe...
Labour Law - Industrial Disputes – Delay in Raising Dispute – Reinstatement Set Aside – Compensation Granted – Labour Court awarded reinstatement with continuity and back wages after delay of 13 years in reference – Held: Though termination violated Section 25(F), unexplained inordinate delay in raising the dispute cannot be ignored – Labour Court should have gr...
Heatwave Crisis – State Inaction Amidst Climate Emergency – Directions Issued – Despite judicial orders in 2024, Rajasthan government failed to implement the Heat Action Plan or health preparedness schemes – Court criticized passive state response despite soaring temperatures and mass vulnerability – Suo motu action revived to enforce institutional accountability [Par...
Writ Jurisdiction – Arbitration - Maintainability under Article 227 – Arbitral Tribunal subject to writ jurisdiction in exceptional cases – High Court held that constitutional powers under Article 227 cannot be ousted by Section 5 of the Arbitration and Conciliation Act – Where arbitral tribunal acts without jurisdiction or in violation of fundamental legal principles, writ...
Service Law – Regularisation in Higher Post – Petitioner Appointed as Peon but Entrusted Duties of Cashier – LongTerm Functioning in Higher Post Without Formal Promotion – Regularisation Ordered as Peon Ignoring Court Direction and Favourable Performance Report – Held: Petitioner qualified for regularisation in post of Cashier under 1984 Rules – Board failed to ...
Temple Management – Hereditary Archakship – Civil Court Decrees Binding – Petitioners Entitled to Perform Karaga – Petitioner established his hereditary rights through R.A. No.46/1983 and R.S.A. No.412/1984 – Held: Tahsildar’s repeated orders permitting rival claimant to perform Karaga on rotation basis are contrary to binding court decrees – Petitioners&r...
Civil Law - Municipal Council Resolution – Use of Urdu on Signboard – Powers under Section 308 of the 1965 Act – Collector’s Jurisdiction – Application Invalid – Under the amended Section 308, only the Chief Officer of the Municipal Council can approach the Collector to suspend a resolution – Petition filed by an individual was not maintainable under the a...
Writ Jurisdiction – Possession without Requisition – Flats Occupied by Police Since 1940 – Writ Allowed – The appellants sought possession of two flats in South Mumbai given to the police for temporary use in 1940 without any written lease or requisition order – The High Court declined to exercise writ jurisdiction and relegated the petitioners to alternative remedy &...
Protection Petition - Live-in Relationship – Minor Partner – Relief Denied - Petitioners sought protection alleging threat from family members opposing their live-in relationship – Petitioner No.2 was a minor (17 years 6 months) at the time of filing – Held: A minor is legally incompetent to make choices involving live-in relationships under applicable statutory laws includ...
Employment Law - Absorption in Government Department – Valid Exercise of Option Required – Claim Denied – Petitioner claimed adjustment in GWS&I after abolition of his post in OLIC, but failed to establish he exercised a valid option within stipulated time – Held: Absence of timely option and pending VRS application disentitles petitioner to absorption under transfer ci...
