Constitutional Law - Article 226 - Writ of Certiorarified Mandamus - Nativity Certificate - Minor petitioner represented by his natural guardian applied for a Nativity Certificate to pursue higher studies in Tamil Nadu - Application rejected by the Zonal Deputy Tahsildar on grounds of non-residence and birth outside the state - High Court quashes the order and directs issuance of the Nativity Cert...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Administrative Law – Maternity Leave Entitlement – Interpretation of Maternity Leave Regulations – Challenge to rejection of maternity leave for having more than two surviving children – Whether the condition of having less than two surviving children at the time of application applies to children born before employment with respondent – Rejection based on Airports Au...
Cooperative Bank Employees and Election Duty – The court examined whether employees of cooperative banks, registered but not established under or controlled by a governmental statute, could be requisitioned for election duty under Sections 159 and 26 of the Representation of the People Act, 1951 – Found that such employees do not meet the criteria specified under Section 159(2), which ...
Property Dispute – Renovation and Construction Work – Appeal against High Court’s dismissal of writ petitions challenging unauthorized construction and alteration work at a shared property – Allegations that renovations exceeded permissible limits under local municipal regulations – High Court affirmed Single Judge’s order that renovations were within legal boun...
Violation of Natural Justice – Reversion from IG to DIG without a proper hearing – Petitioners reverted as per orders dated 31.03.2023 without being given a subsequent opportunity for a hearing after initial postponement – Initial show cause notice dated 17.09.2021 followed by multiple notices and a scheduled hearing which was postponed due to non-availability of the Chief Minist...
Income Tax – Search and Seizure – Section 132 of the Income Tax Act – Petitioners challenged the legality of search and seizure actions – Alleged lack of proper authorization and absence of valid information – High Court held that the reasons for the search must be based on valid and reliable information – Satisfaction note found to lack proper foundation &ndash...
Cooperative Societies – Test Audit Appointment – Quasi-Judicial vs. Administrative Orders – Revisions: The High Court examined whether the order appointing a special auditor under Section 81(3)© of the Maharashtra Cooperative Societies Act, 1960 was quasi-judicial or administrative, and whether such an order could be challenged under Section 154 of the said Act. The court he...
Service Law - Regularization of Service – Food Corporation of India – Appeal against regularization order – Petitioner employed since 1986 on various temporary and contingent bases, performing duties without full-time status or proper pay scale – Single Judge directed regularization as Safaiwala/housekeeping staff from 06.09.2002, with all benefits – Appellant’s...
Educational Admission – Cancellation due to invalid Non-Creamy Layer Certificate – Challenge under Article 226 – Petitioner’s admission to MBBS course at Respondent No. 4 college, based on Non-Creamy Layer Certificate, cancelled after enquiry revealed misrepresentation by Petitioner’s father regarding marital status and spouse’s income – Enquiry conducted ...