Armed Forces – Prosecution of Army Personnel – Protection Under AFSP Act – Section 6 of AFSP Act – Proceedings Stayed – The petitioners sought to quash FIRs filed against their husbands, who are Army personnel, without obtaining the mandatory prior sanction from the Central Government as required under Section 6 of the AFSP Act, 1958 – The Court found ...
Educational Law – Reservation for Armed Forces Personnel (CW Category) – Issuance and Verification of ECC – The appellant’s name was initially included in the provisional list for admission to undergraduate medical courses under the CW category but was later removed based on the cancellation of the ECC issued by the Kendriya Sainik Board (KSB) – The ECC was re-verifie...
Constitutional Law – Citizenship – Cessation of Citizenship – The appellant was disqualified from the post of Mukhiya on the ground of having voluntarily acquired the citizenship of Nepal, resulting in the cessation of his Indian citizenship under Section 9 of the Citizenship Act, 1955 – The appellant contended that the State Election Commission lacked jurisdiction to decid...
Environmental Law – Solid Waste Management – Closure of Garbage Processing Plant (GPP) – Reversal on Appeal – National Green Tribunal (NGT) ordered the closure of a Garbage Processing Plant (GPP) at Baner, Pune, citing violations of environmental norms – Directed the Pune Municipal Corporation (PMC) to relocate the GPP and convert the land into a biodiversity park &nd...
Municipal Law – Eviction Proceedings – Quashed – Quasi-Judicial Nature – Petitioners occupying municipal premises challenged eviction orders issued by Nashik Municipal Corporation. The Corporation justified eviction on grounds of public interest, namely road widening and development infrastructure. Petitioners argued that the Corporation failed to provide substantial eviden...
Consumer Law – Writ Petitions under Article 227 – Jurisdiction – Challenge to NCDRC Orders – Multiple writ petitions were filed in the High Court of Delhi challenging the orders of the National Consumer Disputes Redressal Commission (NCDRC) – Petitioners contended that the High Court of Delhi had jurisdiction as NCDRC is located in Delhi – Respondents argued tha...
Police Law – Surveillance and History Sheet – Removal Ordered – The petitioner was entered into Surveillance Register No. 10, and a history sheet was opened against him under Rules 698 to 704 of the Jammu and Kashmir Police Rules, 1960. Despite his acquittal in multiple FIRs, his name remained on the register, and his history sheet was not updated. Held: The opening and continuat...
Real Estate – Redevelopment Permissions – CIRP Process and Developer's Rights – Whether redevelopment rights of a property fall under the moratorium of a developer undergoing CIRP – Held, the redevelopment rights do not form part of AA Estates' assets, as the Development Agreement was terminated. The Resolution Professional's letters to halt redevelopment permis...
Land Ownership – Lease Deed – Urban Land (Ceiling and Regulation) Act, 1976 – Execution of lease deed challenged – Whether the State of U.P. was justified in leasing the land to the appellant despite claims of ownership by Bhola (respondent) – Held, Bhola’s land was never declared surplus under the Urban Land Ceiling Act, and the execution of the lease deed was ...
Arbitration Law – Challenge to Arbitral Award – Section 34 of the Arbitration Act – Whether the arbitral tribunal acted outside the terms of the contract by directing the refund of the security deposit and partially rejecting the "risk and cost" counterclaim of the Railways – Held, the arbitral tribunal failed to comply with Section 28(3) of the Arbitration Act by...