Writ Petition under Article 32 – Juvenility Claim – Petitioner seeks verification of his claim of juvenility under the Juvenile Justice (Care and Protection of Children) Act, 2000 – Court allows the Writ Petition based on the report confirming the petitioner's juvenility at the time of the offense. [Para 1]
Criminal History – Petitioner convicted under Section 302 re...
Statutory Provisions - Validity - Challenge not raised in writ petition - High Court's examination of validity unwarranted - Presumption of constitutionality in favor of statutory instrument - Lack of specific challenge in writ petition precludes consideration of repugnancy or legislative competence - Writ Court should refrain from issuing directions to ignore statutory provisions without stri...
Reservation for OBCs – Validity of Reservation Provisions – Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Provision read down to mean reservation for OBCs may be up to 27% but must not exceed an aggregate of 50% of the total seats reserved for SCs/STs/OBCs together – Requirement for contemporaneous rigorous empirical inquiry into back...
Termination of dealership agreement - Quashing of termination letter - Challenge to guidelines - Prayer not pressed - Petitioners appointed as dealer for sale of LPG in Hoshiarpur - Complaint received against petitioner No.2 for concealing and suppressing facts - Allegation of not being eligible for grant of LPG distributorship - Show cause notice issued - Reply filed - Dealership terminated - Pet...
Punjab Village Common Lands (Regulation) Act, 1961 - Unauthorized occupation of Hadda Rori land - Demarcation of land - Eviction - Delay in demarcation by respondents - Writ petition seeking mandamus for expeditious demarcation and subsequent legal action - Valid demarcation report necessary to establish claim before Competent Authority - Court allows the writ petition and directs empowered Revenu...
Environmental Law – Protection of Endangered Species – Great Indian Bustard and Lesser Florican facing extinction due to collisions with overhead power lines – Interim directions issued for installation of bird divertors and conversion of overhead cables into underground powerlines where feasible – Emphasis on ecocentric approach and sustainable development – Specific...
Education Law – Affiliation for B. Pharma Course – Pharmacy Council of India (PCI) approval – State Government's conditional affiliation – Petitioners' right to affiliation upheld – Respondent University directed to grant affiliation and permit students to participate in examinations – Petition allowed [Paras 1-12].
Affiliation Process – Conditi...
Writ Petition – Eligibility for admission to a Post Graduate medical seat – Petitioner aggrieved by the rejection of candidature – Challenging the change of her status from OCI candidate to Indian national – Relief sought under Article 32 of the Constitution – Judgment addressing the issue of eligibility based on OCI status. [Para 1-18]
Notification – Ministr...
Environmental Law – Unauthorized Construction – The appellant constructed a Hotel-cum-Restaurant in the Bus Stand Complex without requisite permissions, in violation of the Forest (Conservation) Act, 1980. The Supreme Court upheld the NGT's findings, directing the demolition of the illegal structure, emphasizing the necessity of strict compliance with environmental laws and the sta...
Constitutional Law – Judicial Review of Speaker's Certification – The Supreme Court addressed whether the decision of the Speaker of the House of People under Article 110(3) of the Constitution to certify a bill as a 'Money Bill' under Article 110(1) is subject to judicial review. The Court held that while the certification by the Speaker is generally conclusive, it is subj...