Custody of Child – Physical Presence – Writ petition against the trial court's order requiring the physical presence of the child – Trial court insisted on the child's presence on several dates – Father contended that the child can communicate via video conference and is currently residing in Guwahati – Mother's application for child's custody led to t...
Constitutional Law – Validity of Section 50(2) of PMLA – Petitioners challenged the constitutionality of Section 50(2) of PMLA on grounds of violating Articles 14, 20(3), and 21 – Supreme Court in Vijay Madanlal Choudhary v. UOI upheld the provision – High Court followed this precedent, asserting Section 50(2) does not infringe upon constitutional rights – Petition di...
Property Law – Unauthorized Occupation and Eviction – Petitioners’ predecessors were given land on a temporary lease in 1962 on humanitarian grounds after being evicted from Indraprastha Estate – No extension or renewal of lease since 1964 – Petitioners have no title documents – DDA’s consistent stand of possession since 1991 supported by historical record...
Electricity Regulation – Limitation – Refund of Excess Charges – Petitioner (MSEDCL) challenged CGRF orders directing refund of excess AEC and FAC charged – Contention that claims were barred by limitation – High Court held that the cause of action arose upon MERC’s clarification order and complaint filed within two years was timely – Regulation 6.6 of MER...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Landlord and Tenant – Eviction – Arrears of Rent – Petitioner tenant failed to pay rent for over six months and ignored landlord’s notice demanding arrears – Landlord entitled to decree for possession under Section 12(3)(a) of Bombay Rent Act – Tenant's defence of non-receipt of notice and payment to another heir rejected – Notice considered duly serve...
Caste Certificate – Provisional Admission and Employment – Petitioner admitted to M.B.B.S. and M.D. courses based on provisional caste certificate – Caste claim invalidated by Scrutiny Committee – Petitioner completed courses and was appointed as Medical Officer – Petitioner sought protection of education and employment – High Court dismissed the petition, citin...
Administrative Law – Repatriation – Absorption – Petitioner, initially on deputation as Deputy Registrar, was absorbed by University’s Executive Council (EC) resolution – Later repatriated by Registrar’s order claiming she was still on deputation – Petitioner challenged repatriation – Court held petitioner was validly absorbed and became permanent em...
Education Law – Examination Results Cancellation – Violation of Principles of Natural Justice – Lucknow University’s negligent conduct in withholding a student’s B.Sc. results and subsequent failure to communicate the cancellation of exams – High Court quashes University’s actions as arbitrary and illegal – Petitioner awarded costs for damages to edu...
Land Partition – Mode of Partition – Finality of Unchallenged Orders: Appeal against the orders of partition was dismissed as appellants failed to challenge the foundational order establishing the mode of partition – High Court upheld the consistent reasoning of the subordinate revenue authorities and the writ court – Emphasis on statutory appeal processes [Paras 1-15].
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