‘Judicial forum not for harassing a person, but to protect rights of parties’; MP High Court quashes JMFC order for FIR registration
“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”
Article 226
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
[Maharashtra Legislative Assembly Elections] ‘Courts can interfere only to facilitate election’s progress’; Bombay HC disposes of petition filed by candidate against rejected nomination
The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
Aadhaar Card not valid proof of age for compensation claims under Mukhyamantri Jan Kalyan (Sambal) Yojna: MP High Court
The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.
‘Employee’s transfer in transferable service is necessary incident of service career’: Delhi HC upholds transfer of a workman from Delhi to Chennai
Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.
Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion
The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.
Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal
The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.
Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list
“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”
Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple
“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”
Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law
Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.
‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016
The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.
Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court
The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.
Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC
Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.
Delhi High Court upholds ‘first-come-first-served’ basis to allot free election symbols to unrecognized parties
“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”
Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court
“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”
‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records
“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”
‘A treatment that is worse than the disease’; Delhi HC refuses prior censorship of any publication on Facebook regarding Rohingyas
“Where an Act provides a complete machinery for redressal the aggrieved party is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”
Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction
The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.