Land Demarcation and Ownership Dispute – Challenge to the demolition process of encroachments by DDA in Mehrauli Archaeological Park – Petitioners assert ownership over properties within khasra No. 1151/3 of Village Mehrauli, disputing DDA's claim of government land – Demolition notice dated 12th December, 2022, based on demarcation report dated 21st December, 2021, contested...
Criminal Procedure – Quashing of FIR – FIR No.264/2017 under Sections 326-B/506 IPC challenged – Allegations of acid attack by petitioner on respondent no.2 – Inherent improbability of allegations and lack of injury evidence led to questioning the authenticity of the FIR – Mala fide initiation of proceedings due to property dispute evident – FIR quashed. [Para 1...
Maternity Leave for Surrogate Mothers – Legal Recognition and Entitlement:
The central issue is whether a surrogate mother can be denied maternity leave under the Rajasthan Service Rules, 1951. The petitioner, a mother through surrogacy, sought maternity leave for her newborn twins but was denied by state authorities. The case examines the eligibility of surrogate mothers for maternity le...
Public Interest Litigation – Quo Warranto – Judicial inquiry into the legitimacy of the appointment of the Director of the Morarji Desai National Institute of Yoga – Petitioner alleges lack of requisite qualifications and fabricated employment record of the respondent – Court finds the respondent met the essential criteria at the time of appointment. [Para 1, 20-22]
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Taxation – Challenge against the lower deduction of tax certificate issued under Section 197 of the IT Act – Petitioner, a company in e-commerce retail, sought to challenge the certificate permitting the deduction of TDS at 0.5% instead of 0.01% requested – The court found the order to be non-speaking and mechanically issued, lacking proper reasoning – Impugned actions set ...
Eligibility for District Judge Appointment – Practising Advocate Requirement: Challenge to interim order precluding appellant, a Munsiff-Magistrate trainee, from participating in viva-voce for District and Sessions Judge appointment. Legal scrutiny of whether such training status affects eligibility as a practising advocate. [Paras 1, 4, 5, 6]
Judicial Service vs Advocate Practice –...
Public Interest Litigation – Efficient handling of Income Tax Appeals – Petition by All India Federation of Tax Practitioners for expeditious disposal of appeals by Commissioners (Appeals) and enhancement of their number and resources – Directions sought to adhere to time limits set by Section 250(6A) of the Income Tax Act and for chronological disposal of appeals. [Para 1]
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Medical Negligence – Complaint against cardiologist for alleged negligence in treatment – Dismissal of the complaint by Delhi Medical Council and affirmation by High Court – Disciplinary Committee found prescription lacking but no negligence in treatment – High Court defers to the expertise of the medical panel. [Para 1, 2, 6-8]
Medical Expertise – High C...
Administrative Law – Judicial Review of Tribunal's Decision – Challenge against the Tribunal's decision allowing out-of-turn promotion based on sporting achievements – Tribunal's decision quashed due to incorrect application of relevant standing orders for promotion criteria. [Paras 1, 14-15, 22]
Promotion in Delhi Police – Criteria under Standing O...
Public Interest Litigation (PIL) – Credentials and Public Interest Requirement – Dismissal
The petitioner’s PIL, seeking demolition of an allegedly illegal structure due to land encroachment, was dismissed. The court found the PIL inadmissible as the petitioner did not satisfactorily establish his credentials as a social worker and failed to demonstrate substantial publ...