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...
Statutory Alternative Remedy – Section 35 of the U.P. Tenancy Act – Writ Not Maintainable - The Court held that the petitioner has a statutory remedy under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021. Filing a writ petition bypassing this remedy is not appropriate unless extraordinary circumstances exist – Held: Writ petition dismissed with directions to...
Civil Writ - Increase in MBBS seats - Interim Relief in Educational Matters – Grant of Additional Seats – Interim Order Deprecated - The Supreme Court and precedents have consistently disapproved granting interim relief to increase seats in educational institutions, as it impacts the admission process and students’ futures – Held: Interim orders increasing seats...
Public Employment – Doctrine of “Rules of the Game” – Non-Alteration of Criteria Mid-Recruitment – High Court’s recruitment process set a 75% cutoff for selection after exams were conducted – Candidates argued this changed the criteria mid-selection, violating fairness – Supreme Court held that recruitment benchmarks cannot change once the process st...
Civil Writ - Unauthorized Construction – Conversion of Parking Space – Demolition Upheld – Sanctioned Plan Violated – The appellants contested the Bidhannagar Municipal Corporation's demolition order of a flat constructed on land designated as parking space in the sanctioned plan – The Court held that neither the West Bengal Municipal Corporation Act, 2006 nor the...
Civil Writ - NEET-PG Merit List – Incentivised Marks – State Merit List Preparation Found Defective - State Merit List for NEET-PG 2024 prepared by the National Board of Examinations in Medical Sciences (NBEMS) for Madhya Pradesh was challenged on the ground that incentivised marks awarded to in-service candidates were added to raw scores instead of normalised scores – Held: Addi...
Territorial Jurisdiction – Application under Section 482 Cr.P.C. – Cause of Action Partially Arising in Lucknow – Application Dismissed – The applicant challenged the cognizance order and chargesheet on the grounds that no part of the cause of action arose in Lucknow, where the case was filed – Held: Part cause of action arose within the territorial jurisdiction of Lu...
Criminal Procedure – Discharge Application – Prima Facie Case Established – Rejection Upheld – The petitioner, an advocate, sought discharge in a case involving forgery, conspiracy, and transfer of government land based on disputed mutation entries. Both the Magistrate and Sessions Judge rejected the discharge application, citing prima facie evidence of the petitioner&rsquo...
Administrative Law – Adherence to Guidelines – Population Categorization – HPCL's Rejection of Offer Land – Petitioner challenged rejection of land offered for retail outlet dealership under HPCL, citing reliance on outdated Census 2011 data for categorizing the area as a rural stretch – HPCL relied on NHAI guidelines mandating Census 2011 as the reference for pop...
Writ Jurisdiction – Judicial Orders of Civil Courts – Article 226 – Non-Maintainability - The petitioners sought relief under Article 226 to quash an interlocutory order passed by the Sub-Judge-I, Danapur, in an execution case. The High Court held that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 but can be challenged under Article 227 &...