SARFAESI Act, 2002 – Alternative Remedy – Petition challenging DRT order dismissed due to availability of alternative remedy under Section 18 – DRT’s order on miscellaneous application deemed interlocutory and appealable – High Court emphasized adherence to special statutory remedies provided under SARFAESI Act [Paras 3-10, 14-15].
High Court Jurisdiction – A...
Jurisdiction - Coram Non-Judice - Caste Certificate Cancellation:
Proceedings before the Assistant Commissioner were deemed coram non-judice as he lacked the authority to review an order that was essentially an implementation of a superior officer’s directive. The Tahsildar's cancellation of the caste certificate was based on the Committee's decision, and the Assistant Comm...
Property Law – Registration of Sale Certificate – Denial based on Income Tax dues – Karnataka High Court’s direction to Sub-Registrar for mandatory registration despite pending dues – Importance of SARFAESI Act provisions emphasized – State Government directed to issue compliance circulars to Sub-Registrars – The petitioner sought mandamus directing the Su...
Criminal Law – Right to Access Documents under CrPC and POCSO Act – Affidavit Requirement by Special Judge – Held Unwarranted – Accused’s Right to Certified Copies Upheld – The High Court of Kerala quashed the order of the Special Judge directing the petitioner’s counsel to file an affidavit stating that the copy of the statement recorded under Section 164...
Constitutional Law – Article 226 – Writ of Mandamus – Petitioners seeking police protection from petitioner No.1’s family and protection for attending marriage registration under Special Marriage Act – Held – Marriage between a Muslim man and a Hindu woman under Special Marriage Act does not validate the marriage under personal laws, which consider such marriage...
Motor Vehicles Act - Fare Regulation by State - Applicability of Central Guidelines - Service Charges by Aggregators - High Court dealt with the validity of the State's notification fixing fare rates for auto-rickshaws on aggregator platforms, including service charges, under Section 67 of the Motor Vehicles Act, 1988. The court examined whether the Central Government's Motor Veh...
Habeas Corpus - Custody of Minor Child - Welfare of Child – Criminal Allegations of Dowry Harassment – Habeas corpus petition filed for the custody of a minor child – Custody taken by father alleged to be forceful – Consideration of child's welfare paramount – Two-month-old child taken from mother, who is alleged to have been subjected to cruelty for dowry –...
Service Law – Departmental Proceedings vs. Criminal Acquittal – Petition against dismissal – Petitioner, a constable driver in CRPF, dismissed on allegations of misappropriating and selling fuel, was acquitted by criminal court on similar charges. Discharge by criminal court due to lack of evidence – Held, departmental proceedings on identical charges without sanction from ...
Recruitment Process – Selection for Post of Constable – Alleged Irregularities – Petitioners successfully cleared written examination, Physical Efficiency Test (PET), Physical Measurement Test (PMT), and viva voce, yet appointment letters not issued – High Court examined the selection process and found procedural irregularities in rejecting candidates despite their qualific...
Writ Jurisdiction – Territorial Jurisdiction of High Court under Article 226 – Validity of forum selection clause – High Court of Calcutta holds jurisdiction despite forum selection clause specifying courts in Bhopal – Constitutional provisions under Article 226 cannot be contracted out – Part of cause of action arose within territorial jurisdiction of Calcutta High C...