Mining Law - Auction Methods – Writ Petition – Change from reverse bidding to progressive bidding – State pre-determines costs in reverse bidding – Lowest bid wins contract – Progressive bidding removes cap on sale price – Bidders determine mine value – Higher revenue expected from progressive bidding – Petition dismissed. [Paras 4-5A]
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Constitutional Law - Right to Appointment - Articles 14 and 16 - Appointment to advertised posts when vacancies remain unfilled - State cannot arbitrarily refuse to fill vacancies from the merit list - The court held that the petitioner, being the next in order of merit and having participated in the selection process, was entitled to appointment when posts remained vacant. The refusal to appoint ...
Service Law – Departmental Actions – Multiple Writ Petitions – Petitioner ASI challenges multiple adverse departmental actions including stoppage of increments, adverse ACR entries, non-promotion, and compulsory retirement – Departmental inquiry exonerated petitioner of bribery charges, but punishing authority disagreed and imposed penalties – High Court finds procedu...
Electoral Law – Misuse of Reserved Category Benefits – Petitioner attempted to secure reserved category benefits by assuming a deceased individual’s identity. The scrutiny committee cancelled the caste certificate after investigation. The High Court upheld the scrutiny committee’s decision, finding no procedural errors or omissions in their consideration of evidence, includ...
Criminal Law – Consolidation of Sureties – Petitioner unable to furnish separate sureties for 11 FIRs across multiple states – Supreme Court orders consolidation of sureties, permitting the use of a single set of sureties in all cases within each state – Court emphasizes balance between the need for sureties and the protection of the petitioner's fundamental rights unde...
Custody of Child – Physical Presence – Writ petition against the trial court's order requiring the physical presence of the child – Trial court insisted on the child's presence on several dates – Father contended that the child can communicate via video conference and is currently residing in Guwahati – Mother's application for child's custody led to t...
Constitutional Law – Right to Life and Liberty – Couple Seeking Protection – Petitioners, a married couple, approached the court seeking protection from threats posed by family members opposing their marriage – Held, the right to choose a partner is protected under Articles 14 and 21 of the Constitution – Court emphasized the duty of the state to ensure the protection...
Administrative Law – Validity of State Control Orders – Challenge to State Control Orders issued under Essential Commodities Act, 1955 – Petitioners contended that the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 became redundant with the enactment of the National Food Security Act, 2013 (NFSA) and Targeted Public Distribution System (Control) Orde...
Seniority – Fixation of Seniority – Petitioners challenged the seniority list published by the Department of Revenue and Forest – Contention that the date of appointment should be considered after the successful completion of training and not from the date of joining training – Held, the seniority should be counted from the date of joining training as per the 2015 Rules, wh...
Criminal Procedure – Dismissal of Application under Section 156(3) Cr.P.C. – Petitioner's application for registration of FIR against respondents under Section 156(3) Cr.P.C. dismissed by the learned Metropolitan Magistrate and upheld by the learned ASJ – Allegations involved threats, trespass, and false implication in a criminal case – Petitioner sought cross FIR for e...