Administrative Law – Right to Education – Disciplinary Proceedings – Petitioner seeks permission to travel abroad to commence an MBA course while facing disciplinary proceedings – Court balances the petitioner's right to education with the need to ensure his participation in the ongoing investigation – Pro tem arrangement allows petitioner to commence studies with...
Preventive Detention – Delay in Detention Order – Petitioner contends delay between last prejudicial activity and detention order – Court holds no culpable delay, endorses detaining authority’s prompt action upon genuine apprehension of detenu’s release on bail – Detention order upheld [Paras 1-2].
Period of Detention – Authority to ...
Land Acquisition – Compensation under 2013 Act – Disputes on Advance Payment – State's Demand for Refund Quashed – Petitioners challenged the State's demand for refund of advance compensation paid for land acquired under the 2013 Act – CIDCO and State authorities contended the land was under Court Receiver's possession and acquisition lapsed – Court ...
Recruitment Rules – Recognition of Educational Qualification – JBT Teacher Appointment – Batch-wise Appointment – Respondent sought appointment as a JBT Teacher based on qualifications obtained in 1998 and challenged the state’s refusal due to non-recognition of her qualification in Himachal Pradesh. The learned Single Judge directed the state to consider her case for...
Passport Application – Rejection on Grounds of Family’s Criminal Antecedents – Fundamental Rights Violated - The Court examined the rejection of passport applications on the ground of criminal records of the petitioner’s husband and father-in-law – Held: Criminal antecedents of family members cannot influence assessment of the petitioner’s character or eligibili...
Taxation Law - Jurisdiction under Section 263 – Erroneous Order and Prejudice to Revenue – Valid Invocation by PCIT - The Revenue’s appeal under Section 263 contested an ITAT ruling that quashed an order by the PCIT, who had revised an AO’s decision accepting the land sale as tax-exempt based on agricultural classification – The court emphasized that an order is erron...
Amendment to the Constitution – Preamble – Article 368 – The Parliament's power under Article 368 to amend the Constitution extends to the Preamble, provided it does not violate the basic structure – Held: Amendments adding "socialist" and "secular" do not alter the Constitution's basic structure and are valid [Paras 2-5].
Constituti...
Administrative Law – Suspension of Contractor’s Registration – Opportunity of Hearing Required – The petitioner challenged the suspension of his contractor registration with the MPPWD for a period of two years, arguing that no opportunity of hearing was provided before the suspension – Held: The suspension of registration for non-completion of work requires a separate...
Pension Revision – UGC Pay Scale – Kerala Service Rules (Part III) – Respondents retired from Collegiate Education Department under UGC pay scale – Tribunal directed pension revision from 01/01/2006, citing Government Order stipulating pension calculation based on revised pay introduced retrospectively – Held: Pensioners entitled to revised pension from 01/01/2006 as ...
Judicial Independence – Financial Independence of Judges – Non-discrimination based on Source of Appointment – Held: High Court judges, irrespective of their recruitment source (Bar or judicial service), are entitled to uniform financial benefits to maintain judicial independence – Differentiation between judges based on their pre-appointment service violates Articles 14 an...