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 ...
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...
Termination of Pregnancy – Rape Victim – Petitioner, a 19-year-old rape victim, sought permission to terminate her pregnancy of 16 weeks – High Court permitted the termination emphasizing the mental and physical health risks and social stigma attached to continuing the pregnancy – Medical and legal considerations were thoroughly evaluated [Paras 1-11].
Applicat...
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...
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...
Employment Law – Appointment and Termination of College Lecturer – Termination Quashed – Appeal allowed - Post of College Lecturer (Philosophy) – The petitioner, Gauri Shankar Jinger, applied for the post in response to an advertisement issued on 12.01.2015 but was initially not selected due to not meeting the ‘good academic record’ criteria – Later, a not...
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...
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...
Service Law – Alteration of Date of Birth – Petitioner sought correction of the date of birth from 06.04.1964 to 12.12.1966 based on a civil court decree – Held that such decrees are not binding on government authorities if the matter pertains to service records – Tamil Nadu Government Servants (Conditions of Service) Act, 2016 governs such alterations, and the application ...
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...