Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued...
Land Assignment – Interpretation of “Shop Sites” – Petroleum Outlet Not Barred – Writ Allowed – Petitioner sought NOC to establish petroleum outlet on assigned land – Application rejected by ADM citing Government Order interpreting “shop sites” as “small shops” – High Court held: Rule 3 of the Special Rules, 1993 does not rest...
Service Law - Termination – Loss of Lien under Standing Orders – Clause 19(ii) Invoked – Termination Upheld – Petitioner, a confirmed workman, remained absent unauthorisedly from 01.10.1990 and was struck off from rolls on 26/28.02.1991 under Clause 19(ii) of HAL Standing Orders – Held: Management had two procedural options – either initiate disciplinary enquiry...
Maternity Leave – Section 5 and 27 of the Maternity Benefit Act, 1961 - FR 101(a) and Constitutional Interpretation – Maternity Leave Granted – The appellant, a government teacher in Tamil Nadu, sought maternity leave for her first child born from her second marriage – The leave was denied on the ground that she already had two children from her first marriage – Supre...
Contract Law – Electricity Act - Change in Law – Evacuation Facility Charges – Restitution Principle – Compensation Upheld – Coal India Limited issued a notification dated 19.12.2017 imposing Evacuation Facility Charges (EFC) – Adani Power informed the appellants the next day, claiming this constituted a change in law – APTEL affirmed change in law status ...
Education Law – Eligibility Criteria for BDS Course – 50% PCB Requirement – Rounding-Off Not Permitted – Appellant had 49.66% marks in Physics, Chemistry, Biology (PCB) in 10+2—Did not meet 50% eligibility criteria under Clause 6 of notification dated 10.06.2016—Family Court and Single Judge held rounding-off impermissible—Appellant’s name struck off...
Suo Motu - POCSO Cases – Setting Up of Exclusive Courts – Implementation of Judicial Directives – Compliance Directed - The Court directed that each district with more than 100 POCSO cases must establish exclusive courts under a Central scheme with appropriate staffing and child-friendly infrastructure – Majority of States complied but high-pendency States (UP, WB, Bihar, T...
Civil Writ - Judicial Administration – Creation and Role of Court Managers – Thirteenth Finance Commission Recommendation – Approved - The Court Managers were introduced to improve court efficiency by supporting administrative functions, allowing judges to focus on adjudication – The Finance Commission allocated Rs. 300 crore for the scheme – Guidelines were issued by...
Road Safety – Public Interest Litigation (PIL) – National Highways – Implementation of Control of National Highways Act, 2002 – Directions issued to remove unauthorised occupation from National Highways and establish enforcement mechanisms – Court found the absence of dedicated inspection teams and grievance redressal portals violated statutory mandates – Held: ...
Criminal Procedure – Bail Reform – Monitoring Compliance with Satender Kumar Antil Guidelines – Comprehensive Review and Fresh Directions Issued – Supreme Court examines detailed compliance affidavits submitted by States, UTs, High Courts, CBI, and NALSA – Accepts Amicus Curiae’s report dated 10.02.2024 highlighting inconsistencies and lapses – Issues fres...