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 ...
Constitutional Law – Compensation for Violation of Article 21 – High Court's Jurisdiction under Article 226 of the Constitution – Claim for compensation for the death of the petitioner’s husband due to electrocution – Petitioner sought ₹50 lakhs from BSES Yamuna Power Ltd. (BSES) and the Government of NCT of Delhi under Article 226 for alleged violation of funda...
Prevention of Money Laundering Act (PMLA) – Powers of the ED – Communication to Third Parties – Judicial Review – The Court examined the scope of ED’s authority under Section 66(2) of the PMLA. The petitioner contended that ED overstepped its statutory powers by coercing the petitioner’s customers to file criminal complaints through a questionnaire. However, the...
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...
Tender Process – Judicial Review – Kerala High Court quashed the award of tender due to preferential treatment: Challenge to the award of a tender by the Thrissur Municipal Corporation to the sixth respondent. The petitioner, the only technically qualified bidder initially, argued that the fifth respondent unlawfully granted the sixth respondent additional time to submit required docum...
Civil Law - Public Premises – Eviction of Tenant – Petition under Articles 226/227 of the Constitution – Petitioner challenged the eviction orders, claiming tenancy rights over land owned by the Municipal Committee, Mahendergarh, since 1963-64, and argued that eviction based on non-payment of rent was unjustified as he was willing to pay the arrears. The Court dismissed the petit...
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...
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...
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...
Right to Education – Continuity of Education – Merger of School IDs – Petitioners, admitted to the Junior Wing of Holy Innocents Public School under the EWS/DG category, were denied admission to the Senior Wing due to different School IDs assigned by the Directorate of Education (DoE) – High Court directed the merger of School IDs of Junior and Senior Wings of schools run b...