Panchayat Election – Disqualification for Having More than Two Children – Sections 175(1)(q) and 177(1), Haryana Panchayati Raj Act – Constitutional Validity Upheld – Challenge raised on grounds of arbitrariness, violation of personal liberty under Article 21, and religious freedom under Article 25 – Held: Right to contest elections is not a fundamental right – ...
Banking Law - SARFAESI – Possession of Secured Asset – Tahsildar’s Competence – ARC filed writ petition challenging Ext. P10 order passed by the Tahsildar on the complaint that property unconnected with loan transaction was taken possession of under SARFAESI proceedings – Held: Tahsildar has no authority to interfere in matters already adjudicated by the Chief Judicia...
Land Acquisition – Challenge to Notification after Delay – Section 4, Section 17, Section 18 of the Land Acquisition Act, 1894 – Writ Petition Dismissed – Respondents filed a writ petition challenging acquisition 22 years after notification under Section 4 read with Section 17, despite having earlier sought enhancement of compensation under Section 18 – High Court all...
Civil Writ - Medical Education – Bonded Service – Higher Studies – Government Resolution 2017 – Petitioner signed post-PG bond requiring two years’ service – Clause 1(e) expressly allows bond to pause if candidate gets higher studies opportunity and resume post-study – Held: Subsequent Resolutions of 2021/2024 restricting NOC to NMC-approved courses not ap...
Writ Petition – Alleged Coercion in Withdrawal – Restoration Allowed – Judgement in Favour of Justice – The appellant, a member of a Scheduled Caste, challenged the validity of mining lease rules and entitlement of private parties – During pendency, writ petition was withdrawn allegedly under coercion, followed by a restoration plea supported by a detailed affidavit &...
Service Law – Public Employment – Merit-Based Selection – Appointment Denied Arbitrarily – Writ Allowed – Petitioner participated in counselling for post of Constable (General Duty) – Though he ranked higher in merit (sl.no. 1570), he was denied appointment on grounds of exhausting district-wise vacancies – Candidate ranked lower (sl.no. 1592) given appoin...
Income Tax – Section 80IA – Interest Income from Fixed Deposits – Deduction Allowed – The appellant, operating a port terminal under a BOT agreement with JNPT, placed funds in fixed deposits to meet mandatory obligations for crane replacement under the License Agreement and to hold disputed tariff collections as per a High Court order – Held: Since the deposits were m...
Civil Writ - Immigration Law – Deportation – Exit Permit – Mother and minor daughters found living in a cave in Gokarna – Russian Consulate issued Emergency Travel Documents (ETDs) requesting immediate repatriation – Mother explicitly communicated her intent to return to Russia with children – FRRO processing Exit Permits – Held: Action of authorities in f...
Limitation – Condonation of Delay – Inordinate Delay – Appeal filed by Gram Panchayat after six years and fourteen days of trial court decree – Petitioner failed to establish any sufficient cause for such delay – Appellate court rightly rejected delay application – Held: Petitioner was aware of the decree and participated in trial – Delay not caused by any...
Electronic Evidence – Certificate under Section 65-B – Non-production by original device owner – Order quashed – Tribunal allowed electronic evidence based on a certificate from a person other than the one who recorded it – Held: As per Anvar P.V. and Arjun Panditrao Khotkar, such certificate must be issued by the person in control of the original recording device &nd...