Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...
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 ...
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...
Election Law – Writ Petition challenging election process – Dismissal on grounds of non-maintainability – Petitioner contested in the 2024 General Elections as an MLA candidate from the YSR Congress Party – Allegations of electoral offences and collusion between election staff and Telugu Desam Party personnel – Petitioner sought fresh polls in specific polling station...
Election Law - Maintainability of Writ Petition - Article 329(b) of the Constitution - Petitioner sought declaration of electoral malpractices and repolling - High Court held that disputes relating to election process should be resolved through election petitions as per constitutional mandate - Writ petition dismissed as not maintainable - Held that the Court cannot intervene in ongoing election p...
Civil Law - Specific Performance - Application for Handwriting Expert Referral - Writ Petition challenging the Trial Court's order dismissing an application under Order XXVI Rule 10A read with Section 151 CPC for referring documents to a handwriting expert – Suit for specific performance of an agreement of sale – Disputed signatures on sale agreement – Defendant contested sig...
Criminal Law – Quashing of FIR and Charge-Sheet – Criminal Petition under Section 482 Cr.P.C. – FIR for molestation and threats – FIR No.0048 dated 25.06.2022 registered under Sections 452, 354 IPC, Sections 8 and 12 of POCSO Act, 2012, later including Sections 354-A and 195-A IPC – Petitioner alleged to have threatened the victim’s uncle to force compromise &nd...
Elections – Writ Petition for Re-scrutiny and Re-polling – Article 329(b) of the Constitution – Election Petition as Proper Remedy – Petitioner contested as MLA from 166-Chandragiri Assembly Constituency – Alleged voter suppression, ballot tampering, and violence on polling day – Complaints to election authorities ignored – Petitioner kept in separate room...
Evidence Law - Admissibility of Secondary Evidence - Civil Writ Petition challenging the dismissal of an application under Section 65 of the Indian Evidence Act, 1872 by the Trial Court - The compromise document dated 27.01.2014, relied upon by the petitioner, was unregistered and unstamped - Held, since the document created rights in immovable property, it required compulsory registration under S...
Affiliation Withdrawal – Natural Justice – School’s Affiliation Withdrawn by CBSE – Surprise Inspection Revealed Violations – Petitioner Contested Withdrawal Citing Lack of Pre-Decisional Hearing – High Court Referred to Mount Columbus School Judgment Emphasizing Compliance with Principles of Natural Justice Including Audi Alteram Partem – CBSE’s Ord...