Writ - Service Law - Termination of Judicial Probationer – Principles of Article 311(2) – Violation of Natural Justice – Termination Quashed - The petitioner, a probationer in Haryana Civil Services (Judicial Branch), was terminated following allegations of misconduct based on a complaint by his former wife and the report of the Administrative Judge – No charge sheet was is...
Criminal Law - Section 91 CrPC – Issuance of Summons Without Investigation – Quashed – Summons issued by the Anti-Corruption Bureau (ACB) under Section 91 CrPC were challenged on the ground that they were issued in the absence of any pending investigation, inquiry, or trial. The court held that Section 91 can only be invoked during a lawful investigation, inquiry, or trial under ...
Recruitment Rules – Eligibility of Candidates – Applicability of Rule 11 of Rajasthan Animal Husbandry Service Rules, 1963 – Final Year Examination – Ineligible Candidates Removed – The petitioners challenged the inclusion of candidates who had only enrolled in the Final Year of the B.V.Sc. program without appearing in the Final Year Examination. The court emphasized ...
Civil Writ - Medical Termination of Pregnancy – Consent of Husband Not Required – The petitioner, a 32-year-old woman, sought termination of her 18-week pregnancy without her husband's consent. She cited domestic violence, separation from her husband, and the impact on her mental and physical health. The Court held that marital consent is not required for termination under the MTP ...
Eviction Proceedings – Jurisdiction of Estate Officer under the Public Premises Act – Appellant alleged that proceedings under the PP Act were not maintainable due to the existence of bona fide disputes regarding lease renewal – High Court held that the Estate Officer has jurisdiction under the PP Act as the property is public premises and no ownership dispute exists – Dism...
Civil Writ - Recruitment Examination – Retrospective Application of Amended Rules – Notification dated 23/05/2022 – Weightage of Interview Marks Limited to 10% – Selection Process Flawed – The petitioner challenged the selection process under the advertisement dated 27/11/2021, claiming the RPSC failed to implement the amended Rule 19 of the Rajasthan Medical Services...
Custodial Interrogation – Improper Authorization – Remand Orders Quashed - The Directorate of Enforcement (ED) sought custodial interrogation of the petitioner post-cognizance without adequate justification under Section 309 CrPC and Section 44 of PMLA – The Special Court authorized remand without recording reasons or ensuring procedural compliance – Held: Custodial interro...
Panchayat Law - No Confidence Motion – Jurisdiction of District Magistrate (Collector) – Section 15 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 mandates that the Collector alone has jurisdiction to act on a notice of no confidence motion – Delegation of such powers to an Inquiry Committee or District Panchayat Raj Officer is impermissible – Orders pass...
Debt Recovery – Recall of DRT Order – Petitioners challenged DRT’s recall of its order allowing inclusion of co-sureties’ properties in recovery proceedings – Petitioners contended recall was time-barred and caused prejudice – High Court held: DRT, as a statutory tribunal, possesses ancillary powers to recall orders to rectify errors apparent on record, provided...
Constitutional Law – Freedom of Speech and Assembly – Article 19 – Right to Hold Public Meetings – Held: The right to hold public meetings and rallies is integral to a democracy and is protected under Article 19 of the Constitution, subject to reasonable restrictions – Petitioners granted permission to hold the assembly with conditions to ensure public order and minim...