Reservation for Economically Weaker Sections (EWS) – Eligibility for General Category – The petitioners argued that candidates from the EWS category who scored higher than the last candidate in the General Category should be considered for unreserved seats – Held: As per Article 16(6) of the Constitution, EWS reservation is distinct, and candidates selected under this category sh...
Writ - Land Dispute – Mutation and Title – The petitioner claimed possession of land through Oral Hiba from the Nawab of Obedulla, and the land was recorded in his name after eviction suits and a compromise decree in a civil suit – The Collector, Bhopal, initiated suo motu revision proceedings to cancel the mutation and Nazul No-Objection Certificate (NOC) granted to the petition...
Labour Law – ESI Act – Principal Employer Liability for Contract Workers – Petitioner contended that contract workers, engaged via petty contractors with no direct supervisory control by KSEB, should not be covered under the ESI Act – The Court highlighted that under Section 2(12), establishments employing more than 10 workers are covered, and principal employers bear respo...
Election Law – Cancellation of Elections – Impugned Order – The petitioner challenged the order dated 11.10.2024, which cancelled the elections for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur – The petitioner argued that the order was illegal, arbitrary, and against natural justice – High Court held that the cancellation of ...
Jurisdiction – Criminal Procedure – FIR Quashing – Petitioner challenged the jurisdiction of the CJM, Jammu, to entertain a complaint leading to FIR No.79/2013 – Contended no part of the cause of action arose within territorial jurisdiction of Jammu – Court held CJM lacked jurisdiction under Section 156(3) CrPC as no event occurred within its territorial limits &ndash...
Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections &...
Media Reporting and Freedom of Speech – Article 19(1)(a) Scope in Criminal Case Reporting - The court examined the balance between the media’s freedom under Article 19(1)(a) and the requirements of fair trial and privacy rights, emphasizing that while media plays a critical role in a democracy, reporting must align with principles of accuracy and constitutional morality. Held: Article ...
Recruitment Process – Estoppel – Appellant challenged the selection process for Medical Technologist post at SKIMS after participating in it – Contention that only 15 candidates applied for 20 advertised posts, hence, written test and interview were unnecessary – High Court upheld the selection process – Appellant estopped from challenging the process after participat...
Revocation of Probate – Citation of Interested Parties – Applicant’s Status as Biological Son – Application for revocation of probate granted to respondents. Applicant, Michael Soumen Ghosh, contended he was the biological son of the testator, Satyabrata Ghosh, but was not cited in the probate proceedings. The court emphasized the necessity for a testamentary court to verif...
Mutation Proceedings – Summary Nature – Petitioners' Father’s Property Mutation Dispute – Petitioners challenged the mutation orders favoring the respondent, based on an earlier Will – Petitioners claimed subsequent Will in their favor – Court observed the mutation proceedings are summary and fiscal, not determining title – Petitioners required to purs...