Public Trust Doctrine – Environmental Protection – Application of public trust doctrine to protect natural resources – State's duty to preserve environment for public use and enjoyment – Decision for environmental release of GM mustard hybrid DMH-11 quashed due to procedural lapses and lack of scientific certainty on impacts [Paras 42.10-42.22].
R...
Habeas Corpus – Child Custody – Jurisdiction of Writ Court – The Calcutta High Court dealt with a habeas corpus petition filed by the father seeking custody of his two minor children from the mother. The petition alleged that the mother had wrongfully removed the children from Kolkata to Bhopal and was unlawfully detaining them. The Court noted that the paramount consideration in...
Public Distribution System – Cancellation of Fair Price Shop License – Procedural Lapses – License of the petitioner’s Fair Price Shop was canceled by the Sub-Divisional Officer – Court found that the show-cause notice did not include the enquiry report or a proposal for cancellation, violating Order 27(ii) of the Control Order, 2016 – Orders of cancellation and...
Education Law – Admission and Eligibility – Fault of School – Petitioner took Class XII examination but was declared ineligible due to his Class X certificate being from a non-recognized school – Court held it was the responsibility of the admitting school to verify documents before granting admission to Class XI – Fault lies with the school, not the student – W...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Automatic Stay – Pendency of Appeal – Section 13 of the Punjab Land Revenue Act – Held, mere pendency of an appeal or application for stay does not render the impugned judgment inoperative – Statute does not provide for an automatic stay on filing of an appeal – Petitioners’ plea for automatic stay rejected [Para 11].
Sanctioning of Mutation –...
High Court Judges (Conditions of Service) Act, 1954 - House Rent Allowance – Writ Petition – Entitlement to benefits as admissible to a sitting Judge – Petitioner, retired judge and President of State Consumer Disputes Redressal Commission, denied official residence – Held, entitled to HRA @ Rs. 6000/- per month – Respondent's failure to provide accommodation viol...
Punjab Regional Town Planning and Development Act, 1995 - Forfeiture of Amount – Writ Petition – Section 45(3) as amended in 2013 – Petitioner surrendered plot – 10% forfeited under amended provisions – Allotment letter issued prior to amendment – Held, Section 45(3) is a substantive provision – Amendment operates prospectively – Forfeiture under pre...
Electricity Act, 2003 - Erection of Power Transmission Towers – Writ Petition – Non-opportunity of hearing – Held, no hearing contemplated against laying of lines – Decision to mark route for electric lines is highly specialized and technical – Route may run through various lands, making individual hearings impractical – Only right available to landowners is to ...
Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...