Insurance Law – Weather Based Crop Insurance Scheme – Disclosure of Material Terms – Duty of Insurer – Claims under WBCIS repudiated on the ground that adverse weather parameters on 13.05.2012 did not meet prescribed trigger points – Farmers alleged that detailed terms of scheme including wind-speed and rainfall trigger points were never disclosed – Held: Contra...
Education Law – Unrecognised Schools – Mandatory Recognition under RTE Act – Section 18 – Petitioners alleged that a private educational institution was being run without statutory recognition – Educational authorities found institution to be unrecognised and issued stop memo – Held: Running any school without recognition from the competent Government authority ...
Civil Writ - Religious Institution – Malabar Devaswom Board – Scheme of Administration – Temple governed by statutory scheme framed in 1948 – Petitioner claiming hereditary trusteeship and private temple status – Records disclosed existence of valid scheme under HR&CE Acts of 1926 and 1951 – Temple notified under Section 38 of the Act – Suppression of ...
Education Law – Higher Secondary Examination – Change of Examination Centre – Writ Petition under Articles 226 and 227 – Petitioner institution conducting +2 Vocational Music Course since 2011 – Institution recognized and treated as unaided (not self-financing) – Claim for continuation as independent examination centre for Higher Secondary Examination, 2026 &nda...
Medical Termination of Pregnancy – Minor Rape Victim – Constitutional Jurisdiction – Applicant aged 14 years and 6 months, victim of rape, sought permission for termination of pregnancy – FIR registered under Sections 137(2), 87 BNS – Medical Board opined pregnancy of about 15 weeks and found termination permissible under MTP Act – Held: In cases of rape of a mi...
Public Works Contract – PMGSY – Price Variation/Escalation – Closure of Designated Quarry – Judicial Review under Article 226 – Petitioner awarded PMGSY road work on the basis of NIT and estimates showing Kupari Quarry as lead source for minor minerals – Kupari Quarry stood closed by NGT order prior to tender but fact not disclosed in NIT – Contractor comp...
Mining Law – Dead Rent – Non-operational Quarry Lease – Petitioners challenged demand of dead rent for the period during which mining operations could not commence allegedly due to non-handover of possession and absence of environmental clearance – Held: Dead rent is payable irrespective of actual mining operations so long as lease subsists [Paras 4–5, 25–28].
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Constitutional Law – Right to Protest – Regulation of Place and Time – No Absolute Right to Demonstrate at Chosen Venue – Appellant, an elected MLA, sought permission to hold peaceful sit-in demonstration in front of Nabanna, State Headquarters – Police rejected permission – Learned Single Judge permitted demonstration at alternative venue with conditions &ndash...
Service Law – Recruitment – Reservation for Ex-Servicemen – Horizontal vs Vertical Reservation – Illegality in Applying Vertical Reservation – Recruitment notice dated 19.02.2014 issued by MCL for 303 posts of Security Guard – 24.5% reservation for Ex-Servicemen applied as a separate vertical category – Cut-off marks for ESM-General fixed substantially low...
Banking Law - SARFAESI Act – Judicial Review under Articles 226 & 227 – Limited scope of interference – Borrower sought quashing of e-auction proceedings on the ground of arbitrary reduction of reserve price and violation of MSME revival framework – Held: Measures taken by secured creditor strictly in accordance with SARFAESI Act and Rules – No arbitrariness or pr...