Civil Procedure – Closure of Evidence – Repeated Defaults by Plaintiff – Petition Dismissed – The petitioner-plaintiff failed to produce any evidence despite multiple adjournments and even defaulted in paying imposed costs – Trial Court closed evidence vide order dated 29.07.2024 – Held: The impugned order is justified and reflects due judicial discretion &ndash...
Environmental Law – Ex Post Facto Environmental Clearance – Legality of 2017 Notification and 2021 OM – Held Illegal - The 2017 Notification and 2021 Office Memorandum allowing retrospective environmental clearance were held contrary to statutory and constitutional mandates – The Supreme Court reaffirmed that ex post facto ECs are alien to environmental jurisprudence and vi...
Education Law - Medical Education – Power of Committee to Create Corpus Fund – Not Traceable to Law – GO Dated 06.06.2018 Struck Down - The Court held that neither the Admission and Fee Regulatory Committee nor the State Government had legislative authority to mandate diversion of fees from NRI students towards a corpus fund for BPL/EWS scholarships – Such a measure, howeve...
Service Law - Departmental Inquiry – Absence Without Leave – Major Penalty – Dismissal Justified – Petitioner was absent for 1220 days between 2004 and 2009 without leave – Contended that no inquiry report or oral evidence was provided and cross-examination opportunity was denied – Respondents argued procedural compliance and lack of sanctioned leave records &nd...
Writ - Service Law – Long-Term Ad Hoc Engagement Against Sanctioned Post – Abolition Order Held Arbitrary – Appeal Allowed - Appellant worked as Process Server on ad hoc basis since 1997 against a sanctioned post with pay scale, DA, and Grade Pay – Disengagement via abolition of post on basis of Office Memorandum dated 31.08.2019 was held arbitrary and a non-application of ...
PIL - Environmental Protection – Illegal Tree Felling in TTZ – Court-Mandated Penalties – Enforced - The Court exercised powers under Article 142 of the Constitution to impose graded penalties for illegal felling of trees in the Taj Trapezium Zone – Directed recovery of fines ranging from ₹5,000 to ₹25,000 per tree, seizure of timber, and mandatory compensatory plantati...
Suo motu - Sedition and Endangering National Unity – Public Remarks by Elected Official – Section 152 BNS – Prima Facie Offence Made Out – Minister Vijay Shah’s comments equating a Muslim Army officer with terrorists were held as promoting separatist sentiments – Such statements were found to endanger the sovereignty, unity, and integrity of India – FIR un...
Election Law – Challenge to Electoral Roll – Maintainability of Election Petition – Not Barred – Petition Alleges Illegal Inclusion of 587 Ineligible Voters Influenced by Candidate – Court held that objections to electoral roll alleging illegality and undue influence, if they materially affect the result of election, can be tried in an election petition – No abs...
Civil Writ - Judicial Review – Answer Keys in Competitive Exams – Limited Interference Permissible – The Court reaffirmed the settled legal principles from Ran Vijay Singh and Shubham Pal cases, holding that Courts should exercise restraint and interfere only when answer keys are palpably and demonstrably wrong – Judicial review is not excluded entirely, but limited to rare...
Taxation Law - International Taxation – Transponder Services – Definition of “Royalty” under DTAA and Domestic Law – Matter Remanded – The appellant sought to contest the withholding tax obligation on payments to Intelsat Corporation for transponder services, arguing the payments did not amount to "royalty" under Article 12 of the India-USA DTAA &ndash...