Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Delay and Laches – Petition Filed After 17 Years – Dismissal Justified - The Court observed that the petitioner failed to explain the delay of 17 years in filing the writ petition. No satisfactory explanation was provided for the long lapse between the impugned order and the filing of the PIL, making the petition liable for dismissal due to laches [Paras 21, 23].
Material ...
Seniority List – Exclusion from List – Claim for Compensation – Respondent excluded from seniority list of Foresters appointed post-1980, allegedly due to not being in service during the list’s preparation. Respondent attained superannuation during litigation. Learned Single Judge directed appellants to pay monetary compensation for wrongful exclusion – Held, directio...
Eviction Proceedings – Non-Maintenance and Ill-Treatment – Petitioner challenged eviction from mother's property – Allegation of harassment and non-compliance with procedural rules – High Court found procedural defects in issuance of show cause notice and lack of verification of title by District Collector – Impugned order set aside, remanded for fresh considerati...
Civil Writ - Excise Law – Re-processing of Expired Liquor Stock – No Express Provision in Odisha Excise Act or Rules – Permission Granted – The petitioner, a distillery, challenged the rejection of its application for re-processing expired liquor stock on the grounds that no specific provisions exist in the Odisha Excise Act, 2008 or the Odisha Excise Rules, 2017. The State...
Challenge to the selection process - Fair Price Shop - Re-enquiry of Godown Suitability – Lack of Authority under Clause 20(iv) of WBPDS – District Level Fair Price Shop Selection Committee (DLFPSSC) directed re-enquiry into the private respondent’s godown suitability after awarding marks in the original enquiry – Held: DLFPSSC had no authority under Clause 20(iv) of WBPDS ...
Contempt of Court – Alleged Wilful Disobedience of Supreme Court Orders – TDR Compliance - Wilful Disobedience – Orders Passed by Supreme Court – Intentional Delay in Compliance – Allegations of wilful disobedience of Supreme Court orders dated 21.11.2014, 17.05.2022, and 19.03.2024 – Petitioners claimed non-compliance by respondents regarding issuance of Transf...
Compensation Recovery – Land Acquisition – Petitioners directed to refund compensation for acquired land under National Highways Act – Land disputed and interim order from Supreme Court regarding partition suit – Affidavit from predecessor claiming no objection to compensation, later denied by same predecessor – Orders for refund challenged [Paras 1-14].
Partition ...
Civil Writ - Foreign Medical Graduates – Requirement of CRMI for Two Years – Judicial Deference to Expert Bodies – The petitioners challenged Note 3 in provisional registration certificates requiring two years of CRMI, asserting they completed offline training and examinations during the pandemic – The respondents cited Supreme Court decisions and National Medical Commissio...
Civil Law - Bar under Section 49 of U.P.C.H. Act – Applicability – Suit Not Maintainable – The Court found that the sale deed was executed during ongoing consolidation operations, and subsequent rights of the appellants were adjudicated by the consolidation authorities under Section 12 – Held: The suit challenging the sale deed is barred under Section 49, as it involves mat...