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...
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 – 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...
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 ...
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...
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...
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...
Senior Citizens Act – Implied Condition of Care – Cancellation of Settlement
Deed Upheld – The appellant challenged the order of the Revenue Divisional Officer (RDO) canceling a Settlement Deed executed by a senior citizen in favor of her son, on the ground that the son and daughter-in-law had failed to maintain the senior citizen – The Court held that Section 23(1) of ...
Matrimonial Law - Partition of Matrimonial Property – Order 12 Rule 6 CPC – Judgment on Admissions – Appeal Dismissed – Husband’s application for preliminary decree allowed by Family Court on basis of admission in wife’s written statement that suit property was jointly purchased – Sale deed reflected joint ownership without specified shares – Held: A...