Local Government – Elections – The process of delimitation and/or triple test compliance is continuous and time-consuming. However, the conduct of elections for installing newly elected bodies to take over from the outgoing elected representatives whose term had expired is mandated by the Constitution and relevant enactments. The State Election Commission must proceed with elections wi...
Medical Education – NEET PG Admission – Reduction in Percentile – Central Government reduced minimum marks by 15 percentile for all categories – Petitioners sought further reduction by 5 percentile to fill remaining vacancies – Government opposed additional reduction citing academic interests [Paras 2-7].
Judicial Review – Policy Decisions – C...
Constitutional Law – Right to Property – Public Purpose – Appellants contended that they were assured compensation for land utilized for road construction/widening – Municipality and State denied any such assurance – Supreme Court held that deprivation of property must be for public purpose with compensation – Absence of evidence for voluntary surrender by appel...
Criminal Law – Remission of Sentence – Judicial Review – The Court has the power to review the government's decision regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature. While the government has discretion to suspend or remit sentences, it cannot exercise this power arbitr...
Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...
Constitutional Law – Right to Life – Compensation for Violation – Meerut Fire Tragedy – Liability of Organizers and State – Petitioners sought compensation for victims of fire tragedy – Supreme Court held that the right to life guaranteed under Article 21 includes the right to compensation for loss of life and personal liberty due to negligence – No statut...
Permission for Medical Courses – Requirements Under Central Council Act – Regulatory Compliance – CCIM denied permission to respondent medical colleges for postgraduate admissions for 2018-19 due to lack of Central Research Laboratory and Animal House – Karnataka High Court allowed admissions relying on subsequent permission for 2019-20 – Supreme Court held that each ...
GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...
Reservation Law – Interchangeability of Vacancies – High Court dismissed writ petition challenging non-interchangeability of unfilled SC/ST vacancies to OBC – Petitioners argued based on Policy letter No. 17246 allowing such interchangeability – High Court dismissed the petition based on government's decision to re-advertise unfilled posts – Supreme Court upheld t...
Compassionate Appointment - Maintenance of In-Laws – Petition under Article 226 challenging order to pay 25% of gross salary as maintenance – Petitioner granted compassionate appointment as Lady Constable upon undertaking to maintain her deceased husband's parents – Petitioner remarried and contested maintenance obligation citing personal financial responsibilities – He...