Mining Law – Vehicle Seizure – Authorized Officer – Seizure upheld – Petitioner challenged seizure of Tata Signa Hyva truck on the ground that it was illegally seized by the Tahasildar – Held: Though the raid was supervised by the Tahasildar, the seizure was carried out by a Sub-Inspector of Police, a competent authority under Rule 51(1)(ii) of the OMMC Rules – ...
Medical Termination of Pregnancy Act, 1971 – Section 3 – Reproductive Autonomy and Consent – Held: The right to make reproductive choices is a facet of Article 21 of the Constitution. The consent of the pregnant person is paramount in decisions regarding termination of pregnancy. Under Section 3(4)(b), no pregnancy shall be terminated except with the consent of the pregnant woman...
Criminal Law – Prohibitory Order – Section 163 BNSS (erstwhile Section 144 Cr.P.C.) – Legality of ex-parte order restricting a Pontiff's entry into a district – Held: Order quashed for being disproportionate, lacking emergent justification for its ex-parte nature, and violating fundamental rights, especially when based on a prior order clarified by the Apex Court not to...
Consumer Law – Dismissal for Non-Prosecution – Restoration – Writ Jurisdiction – Complaint filed before State Consumer Commission dismissed for non-prosecution – Single Judge set aside dismissal relying on Sections 38(2)(c) and 49 of Consumer Protection Act, 2019, holding the Commission was bound to decide on merits even in absence of complainant – Held: Single ...
Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Education Law – Excess Admissions – Pharmacy Course – Writ appeal filed by student whose admission was cancelled due to college exceeding the Pharmacy Council’s sanctioned intake – Pharmacy Council refused to regularise over-admission citing academic standards and regulatory discipline – Held: No authority vested in college or court to approve admission beyond P...
Motor Vehicles Act – Road Accident Victim Treatment – Section 162 MV Act – Cashless Treatment – Amicus Curiae and applicants sought directions to operationalize a scheme under Section 162(1) for post-discharge cashless treatment of accident victims and reimbursement of expenses – Court referred the matter to Justice A.M. Sapre Committee to examine implementation mecha...
Senior Citizen Law – Eviction of Legal Heirs – Beneficial Legislation – Petitioner, an 80-year-old senior citizen, challenged the order of the Appellate Authority setting aside eviction of his daughter and her family from second floor of property – Appellate Authority held eviction unjustified as no ill-treatment or non-maintenance was proved – Held: Such a requiremen...
Banking Law – Debit Freezing of Accounts – Suspicious Transactions – No Law Enforcement Requisition – Banks froze petitioners' accounts based on internal suspicion of large-value transactions inconsistent with declared income profiles – No directions received from law enforcement or court for account freezing – Held: Though RBI directions do not explicitly a...
Civil Writ - Temple Management – Online Darshan – Hybrid System – Petitioners sought restoration of online booking facility for darshan at Guruvayoor Temple citing hardships to elderly and differently-abled devotees – Managing Committee cited practical difficulties including ritual unpredictability and past conflicts between online and offline devotees – Held: Online ...