Recovery of excess pension - Pension erroneously fixed as service pension instead of reservist pension - Petitioner retired 50 years ago - Recovery sought to be made after retirement - Whether permissible - Held, recovery from Category-C and D employees or retired employees impermissible - Judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (Supra) applicable - ...
Writ Petition (Criminal) – Consolidation of FIRs – Petitioner seeking consolidation of multiple FIRs registered in different states – Contention that cases are unrelated and should be consolidated for a fair and speedy trial – Disagreement by Respondents – Examination of pending cases – Decision to consolidate FIRs registered in the State of Madhya Pradesh &ndas...
Constitutional Law – Privileges and Fundamental Rights – Summoning of Facebook Representatives – Delhi Assembly's Committee on Peace and Harmony summoned representatives of Facebook regarding the 2020 Delhi riots – Petitioners contended that such summons violated their fundamental rights of free speech and privacy – Supreme Court held that representatives appearin...
Constitution of India, 1950 - Appointment of Director of Enforcement - Extension of tenure - Constitutional validity of Central Vigilance Commission (Amendment) Act, 2021 and Delhi Special Police Establishment (Amendment) Act, 2021 - Writ petitions challenging the Acts - Whether amendments violative of Article 14, 21, and 50 of the Constitution - Power of Government to appoint Director of Enforcem...
Constitutional law - Governor's power to invite Chief Minister - Objective material for calling floor test - Held, the Governor must have objective material before concluding that the Chief Minister has lost the confidence of the House and calling for a floor test. [Para 166]
Constitutional law - Governor's power to invite Chief Minister - Restoration of status quo ante - Resignation of...
Education Law – Conditional Affiliation – Pharmacy Colleges – The petitioner colleges sought affiliation for the academic year 2020-2021 – Supreme Court directed that the norms and regulations set by the Pharmacy Council of India (PCI) must be followed for degrees and diplomas in pharmacy – Conditional affiliation was granted by the State Government on 19.03.2021 &nda...
Industrial Disputes Act, 1947 – Section 11-A – Power of Labor Court to interfere with charges – Applicability and scope – Labor Court has the right to reappreciate the evidence and come to a different conclusion – Charges can be interfered with if necessary. (Para 21)
Labor disputes – Writ jurisdiction – High Court’s supervisory jurisdic...
Promotion to the post of District Judge based on principle of merit-cum-seniority and passing a suitability test - Gujarat State Judicial Service Rules, 2005 - Recruitment Notice - Compliance with directions in the case of All India Judges' Association and Ors. - Distinction between promotion based on merit-cum-seniority and promotion strictly on merit - Purpose of limited competitive examinat...
Criminalisation in Politics – Obligation to Disclose Criminal Antecedents – Addressing the growing criminalisation in the Indian political system, the Supreme Court emphasized that maintaining the purity of the political system necessitates excluding individuals with criminal records from law-making roles. The Court questioned whether it could enforce such standards through directions ...
Judicial Service – Disciplinary Proceedings – Petition challenging the compulsory retirement of Additional District and Sessions Judge due to heavy unexplained bank transactions – Full Court's recommendation and Governor's order of compulsory retirement upheld – Supreme Court finds Full Court's view justified given the substantial transactions and lack of docume...