Pension Dispute – Excess Payment Recovery – Challenged through Writ of Certiorarified Mandamus – Petitioner challenged government order demanding recovery of excess pension payments alleging no opportunity for representation was given and asserting recovery as arbitrary due to lack of any misrepresentation or fault on part of the pensioner – High Court set aside recovery or...
Public Interest Litigation (PIL) – Allotment of Premises in High Court Campus – Challenge to Allotment Procedure – High Court's Decision on Lack of Transparency and Legal Entity Recognition – Examination of Procedural Compliance and Discretionary Power
Public Interest Litigation – Maintainability – Writ Petition filed by Advocate challenging all...
Service Law – Acquittal and Departmental Proceedings – Impact of Criminal Acquittal on Disciplinary Actions – Petitioners acquitted in criminal trial seek reinstatement with same rank and benefits – Petition dismissed – Petitioner seeking quashing of the charge-sheet and office order imposing penalties on the petitioners – Petitioners contended that their acquit...
Constitutional Law – Article 226 – Writ of Mandamus – Petitioners seeking police protection from petitioner No.1’s family and protection for attending marriage registration under Special Marriage Act – Held – Marriage between a Muslim man and a Hindu woman under Special Marriage Act does not validate the marriage under personal laws, which consider such marriage...
Public Interest Litigation – Allotment of Industrial Land – Absence of Public Auction – Challenge to GIDC’s allotment of developed industrial plots to respondent No.5 without holding public auction – Petitioner claimed illegal and unauthorized allotment leading to significant public exchequer loss – High Court found allotment violated GIDC's own policy manda...
Criminal Law – Quashing of FIR and Charge-Sheet – Criminal Petition under Section 482 Cr.P.C. – FIR for molestation and threats – FIR No.0048 dated 25.06.2022 registered under Sections 452, 354 IPC, Sections 8 and 12 of POCSO Act, 2012, later including Sections 354-A and 195-A IPC – Petitioner alleged to have threatened the victim’s uncle to force compromise &nd...
Administrative Law - Jurisdiction of State Commissions – Writ Petition under Articles 226/227 – Petition filed against the Punjab State Scheduled Caste Commission’s order directing the promotion of an employee – Commission directed that respondent be promoted as Senior Executive Engineer – Held, the Commission lacks the authority to issue such directions – Commi...
Evidence Law - Admissibility of Secondary Evidence - Civil Writ Petition challenging the dismissal of an application under Section 65 of the Indian Evidence Act, 1872 by the Trial Court - The compromise document dated 27.01.2014, relied upon by the petitioner, was unregistered and unstamped - Held, since the document created rights in immovable property, it required compulsory registration under S...
Income Tax Act, 1961 – Sections 132, 153A, 153C – Invalid Search and Seizure Proceedings – Quashing of Notices and Assessment Orders - Court examined the validity of search and seizure proceedings and subsequent assessment orders under the Income Tax Act, 1961 – Petitioner challenged the initiation of proceedings, search, and assessment order, asserting lack of authorizatio...
Civil Law – Orders for delisting trucks by Ex-Servicemen Corporation – Challenge in Himachal Pradesh High Court against delisting orders due to concealment of re-employment – Common judgment passed for multiple writ petitions - Orders for delisting trucks – Chairman-cum-Managing Director of HP Ex-Servicemen Corporation delisted trucks owned by petitioners – Concealmen...