Writ of Mandamus - Jurisdiction - Appellants challenged the High Court's order and judgment - Contentions based on a previous order in Praveen Kumar v. Delhi Cantonment Board & Ors. - Court found the contentions baseless as the said order did not confer any indefeasible right on the appellant and did not pertain to the pending Civil Suit - Issue Deletion - Trial Court deleted certain issue...
Seniority List – Regularization of Ad Hoc Appointees:
The regularisation of ad hoc appointees as Lower Division Clerks (LDCs) in the Election Commission of India (ECI) was undertaken much before the appointment of direct recruits. The direct recruits, who were not even on the rolls of the ECI at the time of regularisation, cannot challenge the regularisation of ad hoc appointees as their ...
Constitution of India, 1950 - Article 226 - Disciplinary Proceedings - Acquittal in Criminal Case - "Honorable Acquittal" - Tribunal modifying punishment - High Court upholds the modification - Peculiar facts and proportionality considered - Acquittal due to failure of prosecution to prove charges beyond reasonable doubt - Passage of time and various rounds of litigation - Petition dismi...
Principles of Natural Justice – Opportunity of Personal Hearing – Violation – Writ Petition filed to set aside a demand order issued under the CGST Act raising a total demand against the petitioner. Petitioner contends that the impugned order was passed in gross violation of principles of natural justice as it was passed without affording an opportunity of personal hearing. [Para...
Employment Law – Extension Lecturers – Remuneration – Petitioners, retired eligible teachers, filed a writ petition seeking quashing of Clause/paragraph 11 of the ‘Policy guidelines regarding engaging Eligible Extension Lecturers in Govt. Colleges purely on work requirement basis’, dated 04.03.2020, and direction to pay them monthly remuneration at par with eligible s...
Judicial Decisions - Finality to Competent Court Judgments - Importance of Rule of Law:
The binding character of judgments pronounced by courts of competent jurisdiction is an essential part of the rule of law, and such decisions should be given finality. Even an erroneous decision on a question of law operates as res judicata between the parties and cannot be reopened, except in cases of fraud...
Insolvency and Bankruptcy Code, 2016 – Section 60(6), Section 96 – Personal Guarantee – Debt Recovery Proceedings – Writ of Prohibition – Validity of Demand Notice – Resolution Plan – Hutchens v. State Bank of Kansas Principle.
Hutchens v. State Bank of Kansas Principle – Applicability in Indian Context – Distinction from Present Case &ndash...
FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.
ISSUES & RULINGS:
1. Whether the Grampanchayat, after issuing a No Objection Certificate...
Grant of Customs Brokers License - Petitioner cleared written examination and second attempt of oral examination obtaining 51 marks - Respondents denied Customs Brokers License to candidates scoring less than 60 marks in the oral examination due to alleged change in rules - Previous writ petitions allowed, directing issuance of licenses to similarly situated candidates - Principle of equal treatme...
Compensation for gunshot injury - Negligence of Railway Protection Force - Writ petition filed seeking compensation for personal injury, trauma, and mental agony suffered by the petitioner due to a gunshot injury inflicted by a Railway Protection Force constable - Admitted incident and negligence of the constable - Railway contesting the matter - Jurisdictional issue raised - Maintainability of th...