discretionary power Archives

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

Allahabad High Court| Conditions required for granting permission to a bhumidhar, clearly specified under the U.P Revenue Code and Rules; Other reasons to reject the application, renders discretionary power ultra vires and invalid

Allahabad High Court: In a writ petition filed against the order passed by the Collector under Section 98(1) of U.P.

Case Briefs Supreme Court

IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has rejected the view of NCLT and NCLAT that once it

Case Briefs Supreme Court

SC holds NRI quota for admission to professional courses “neither sacrosanct, not inviolable”; private colleges have some elbow room

Private colleges offering professional and technical courses, have some elbow room to decide whether, and to what extent, they wish to offer NRI or management quotas

Case Briefs High Courts

Utt HC | Appellate Court to interfere with discretionary power of trial court related to temporary injunctions, when the order is arbitrary or perverse

Uttaranchal High Court: A writ petition was entertained by Manoj K. Tiwari, J. where the petitioner was aggrieved by the order passed

Case Briefs Supreme Court

Mere existence of alternative remedy does not create a bar on High Court’s writ jurisdiction: SC

Supreme Court: In the case where the bench of Dr. DY Chandrachud and Indira Banerjee, JJ was called upon to decide whether

Case Briefs Supreme Court

Administrative authority cannot be issued mandamus to exercise discretionary power vested in it by the Statute

Supreme Court: In the appeal against the order of the High Court where it refused to issue mandamus to the Central Government