Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court dismissed writ petition seeking specific performance of a contract after significant delay - Supreme Court upheld High Court's decision, noting that writ petitions for specific performance are not maintainable especially after long delays [Paras 4-6].
Delay and Laches - Representati...
Transfer of Investigation – Denial of Transfer to CBI – Petitioner's request for transfer of investigation to CBI in a case involving allegations of assault, gang rape, and death of petitioner’s mother denied – Court found that the police and trial court had adequately addressed the concerns raised, with further investigation directed by the trial court where necessary....
Employment - Caste Certificate - Termination - Appellant's services terminated for not belonging to the Scheduled Tribe community as claimed - High Court upheld termination - Appellant contended termination was without notice and recovery of salary unjustified - Supreme Court upheld termination but provided relief from recovery of salary due to lack of fraudulent intent and principles of natur...
Writ - Constitutionality of Minimum Qualifying Marks in Viva Voce – Judicial Recruitment – Writ Petition challenging Bihar and Gujarat Rules prescribing minimum marks in viva voce for judicial posts – Held, prescribing minimum marks is permissible and does not violate fundamental rights or judicial precedents – Prescriptions aligned with ensuring meritocracy and efficiency ...
Income Tax – Delay in Filing Form 10 – Condonation of Delay – Petitioner sought quashing of order by Commissioner of Income Tax (Exemption) and for directions to accept Form No.10 with condoned delay. Amendments in Income Tax Act and rules leading to inadvertent delay acknowledged. Comparison with similar condonation in AY 2017-18 and AY 2018-19 highlighted. [Para 1, 2, 3]
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Resignation – Constructive Dismissal – Sexual Harassment – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior, dated 15th July 2014, cannot be construed as voluntary. Order dated 17th July 2014 accepting the resignation quashed – High Court's acceptance of resignation found without proper consideration of the coercive circu...
Constitution of India – Article 21 – Premature Release – Application for Premature Release: The Supreme Court held that the order rejecting the application for premature release lacked application of mind to relevant circumstances. The order merely noted potential resentment among the victim's side and the petitioner's extremist nature without considering the petitioner&#...
Promotion Policy and LDCE Notification Challenge - Petitioner challenges circular dated 13.11.2023 on eligibility criteria for LDCE in DGM (E-4) Grade in Finance Cadre of IRCTC - Questions the arbitrariness of setting the cut-off date as 13.11.2023 instead of 01.07.2022 per IRCTC promotion policy - Argues for retrospective effect on promotion from 01.07.2022. [Paras 1-4, 14-15, 18-20]
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Import of Guns for Entertainment Purposes - Petitioner's claim that imported guns, which do not release a projectile, should not be classified as "firearms" under Section 2(e) of the Arms Act, 1959, thus negating the need for a license [Paras 1-2].
Exemption Under Arms Rules, 2016 - Reference to exemption notification dated 18.07.2016 for “firearm replicas”, with the a...
Election Disqualification – Challenging the disqualification of elected members of Supreme Court Bar Association Multi-State Cooperative Group-Housing Society Ltd. by Central Registrar of Cooperative Societies (Respondent No. 2) – Disqualification for a period of five years from date of order – Petition filed against jurisdiction and procedure of disqualification. [Para 1-2]
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