Ceiling on Land Holdings – Proceedings under Section 10(2) and Section 29 – Cut-off Date – Land acquired through consolidation by adverse possession – Order of Consolidation Officer attaining finality – Relevant date for determination of surplus land is the date of acquisition under Section 29 and not 08.06.1973 – Determination of surplus land by applying wrong ...
Preventive Detention – Jammu & Kashmir Public Safety Act – Delay in Passing Detention Order – Snapping of Live and Proximate Link – Detention Order Vitiated – Detention order passed nearly one year after last alleged prejudicial activity – No satisfactory explanation for delay – Held: Preventive detention requires proximity between alleged activities a...
Constitutional Law – Right to Education – Article 21A, Constitution of India, 1950 – Affirmed – The right to education is a fundamental human right and a 'multiplier right' that enables the exercise of other human rights – it forms an integral part of the broader framework of the right to life and human dignity, which cannot be fully realized without meaningfu...
Public Interest Litigation – Maintainability – Stem Cell Therapy for ASD – Maintainable – The Supreme Court held the writ petition to be maintainable as it raised an issue of public importance concerning the regulatory framework for stem cell therapies for Autism Spectrum Disorder (ASD), despite contentions regarding commercial interests – The petitioners were found t...
Public Interest Litigation – Demolition of Construction – Scope and Limits – High Court directed demolition of a completed residential building on privately owned land on the assumption that it was constructed on “khoai” land and in violation of environmental norms – Supreme Court held that demolition is a drastic and extreme measure which cannot be ordered on c...
Education Law – Private Unaided Schools – Fee Regulation – Constitutionality of Statutory Fee Fixation Committee – Amendments to J&K School Education Act, 2002 inserting Sections 20A–20J providing for constitution of Fee Fixation and Regulation Committee (FFRC) challenged as violative of autonomy of private unaided schools under Article 19(1)(g) – Held: Stat...
Consolidation Proceedings – Restoration of Revision – Powers of Deputy Director of Consolidation – Section 44-A U.P.C.H. Act – Deputy Director of Consolidation allowed restoration application filed by a non-impleaded interested tenure-holder and set aside earlier remand and consequential order passed by Consolidation Officer – Held, superior authority is empowered to ...
Right to Information Act – Supply of Information – Cryptic Order by Information Commission – Petitioner sought information through multiple RTI applications – Appeals dismissed by State Information Commission on ground that information sought was repetitive – High Court, on examination of Annexure-1 series, found that complete information had not been furnished to the...
Criminal Writ - Habeas Corpus – Illegal Arrest – Non-communication of Grounds of Arrest – Violation of Article 22(1) of the Constitution – Arrest Memo Defective – Petitioner No.1 arrested and remanded to judicial custody in Case Crime No. 750 of 2025 under Sections 317(2) and 317(4) BNS – Habeas corpus petition filed alleging arrest without disclosure and furnis...
Criminal Law - Forgery of Will – Pendency of probate proceedings no bar to criminal prosecution – Magistrate justified in directing FIR under Section 156(3) CrPC – Quashing at threshold declined – Investigation to proceed.
Criminal Law – Forgery of Will – Parallel Probate Proceedings – Maintainability of FIR – Registered Will dated 29.04.2011 chal...