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...
Ex-Servicemen Benefits – Pension and Increment Discrepancies – Discriminatory Provisions Declared Unconstitutional - Petitioners challenged amendments to Rule 8-B, which restricted benefits of military service during the Second National Emergency to those appointed in government service on or after 01.12.2011 – Court held the cut-off date arbitrary, creating unequal classes withi...
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...
Temple Surplus Funds – Utilization for Religious and Charitable Purposes – Non-Compliance with HR & CE Act – The surplus funds of the temple cannot be utilized for purposes beyond those specified in Section 66(1) or Sections 36-A and 36-B of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Held: Construction of a shopping complex does not align with ...
Writ – PIL - Challenge to the withdrawal of recommendations - Governor’s Role in Nominations – Article 171(3)(e) and Article 163(1) – Discretion Limited – Challenge to Governor’s non-action on the Council of Ministers' recommendations dated 6 November 2020 for Legislative Council nominations – Held: The Governor’s discretion under Article 171(3)(...
Election Law – Improper Rejection of Nomination Papers – Judicial Review Barred – Petitioners sought to challenge the rejection of nomination papers for the Sarpanch elections in Punjab, alleging collusion between the Returning Officer and other candidates – Petitioners requested a stay on the election process – The State opposed the petitions, citing Section 89 of th...
Civil Law - Principles of Natural Justice – Deletion of Name from Revenue Records Without Notice – The respondent's father’s name was deleted from revenue records without issuing notice or providing an opportunity of hearing – Held: Such deletion violates the principles of natural justice and the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Ac...
Civil Writ - Unauthorized Constructions – Demolition of Buildings – Regularization Under MRTP Act – Petitioners sought to challenge notices issued by the Tahsildar for the demolition of their apartments, contending that they were third-party purchasers and entitled to regularization – Held: Petitioners' claim of innocent purchase is untenable when ownership stems from i...
Money Laundering – Attachment of Property – Provisional Attachment Order Upheld - The petitioners challenged the PAO attaching properties allegedly linked to proceeds of crime under the PMLA, arguing non-compliance with mandatory provisions, including the absence of reasons to believe and the lack of connection between attached properties and proceeds of crime – The Court upheld ...
