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...
Civil Procedure – Appeal and Delay Condonation – Article 227 – Order 41 Rule 3A CPC – Non-joinder of Necessary Party - Appeal Process – Challenge against the appellate court's order overruling objections related to the maintainability of an appeal filed without a condonation of delay application – High Court upheld appellate court's decision to grant lea...
Service Law – Departmental Proceedings vs. Criminal Acquittal – Petition against dismissal – Petitioner, a constable driver in CRPF, dismissed on allegations of misappropriating and selling fuel, was acquitted by criminal court on similar charges. Discharge by criminal court due to lack of evidence – Held, departmental proceedings on identical charges without sanction from ...
Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...
Termination & Reinstatement – Industrial Dispute Act, 1947 – Petitioner challenges Tribunal award granting reinstatement and back wages to respondent workman who was denied duty post-medical leave – Tribunal found the termination in violation of Industrial Disputes Act provisions – Held, termination was unjust, reinstatement ordered with 25% back wages – Fact of w...
Constitutional Law – Challenge to Telangana State Judicial Services Rules, 2023 – High Court upholds constitutionality of Rule (5.2) (A) prescribing age and marks criteria for selection of judicial officers – Challenge to maximum age limit of 26 years and marks criteria for open category (60%) and reserved categories (55%) – Court follows previous decisions and Supreme Cour...
Excise Law – Confiscation Order – Seizure of Black Jaggery and Alum – Writ Petition – The petitioner, operating a proprietary business under the name "New Lucky Kirana and General Stores" with valid trade and tax licenses, challenged the confiscation order and seizure of black jaggery and alum by the Excise authorities. The petitioner contended that mere possessio...
Labour Law - Industrial Dispute - Reference under Section 10(1)(c) and 10(2A) of Industrial Disputes Act, 1947 - Pending Miscellaneous Cases - Labour Court Adjudication – High Court upheld the reference made by the State Government to the Labour Court regarding the dismissal of the respondent-workman despite the pendency of Miscellaneous Cases under Section 33(2)(b) and Section 33-A before t...
Property Dispute - Unilateral cancellation of a gift deed - Validity of unilateral cancellation - Requirement of donor's right to revoke the gift deed with the consent of the donee - Applicability of Section 126 of Transfer of Property Act - Gift deed cancelled by power agent without consent of donee - Unilateral cancellation declared null and void. [Para 7-8]
Registration Act - C...
Trade Notice Challenge – Export of Broken Rice – Eligibility criteria for allocation of quota – Restriction based on past export history to specified countries – Violation of Article 14 and Article 19(1)(g) of the Constitution of India alleged – Selective approval for certain exporters questioned. [Para 1-4]
Background on Broken Rice Export Policy –...