public interest Archives

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs Supreme Court

Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause

Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.

Case Briefs High Courts

Ban manufacturing, marketing & use of plastic with less than 120-micron: Meghalaya HC directs State

“Research and experience have shown that these plastic products have some very adverse impact on the eco-system and environment. Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems.”

Op Eds OP. ED.

From Secrecy to Transparency: Rethinking Sealed Cover Procedures under the Sakshya Adhiniyam

by Kunal Parihar*

Case Briefs High Courts

Bar under S.77 of U.P. Revenue Code is not applicable due to no change in Bhumidhari Rights; Allahabad HC upholds State’s use of land for water tank and RCC centre

“Whenever even a very small part of an area, reserved for a public purpose, is used for other public purpose, the Gram Sabha concerned, and officials of State will take endeavour to make out a larger consensus amongst the villagers so that they may not approach this Court to oppose the public cause”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Central government’s takeover of Delhi Gymkhana Club; directs conduct of elections for management restoration

The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.

Case Briefs High Courts

Blind rejection of License transfer request without provision violates principles of Equity, Justice & Good Conscience: Rajasthan High Court

The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.

Case Briefs High Courts

“Object of consulting the Central Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution”: Karnataka HC

While considering a matter revolving around dismissal of a Banker due to indiscriminate lending of money to fictitious persons, the Court stated, “Funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care than what individuals engaged in commerce ordinarily do.”

Case Briefs High Courts

“Interests of securing higher profits must yield before the safety of lakhs of passengers using the platform”: Bombay HC

The Court held that railway platforms exist mainly for travelling passengers and their free movement; their safety being paramount compared to the business interest of the petitioner in operating the catering stall.

Case Briefs High Courts

Delhi High Court dismiss PIL seeking directions to allow Delhi CM to interact with the Delhi Assembly for efficient governance

A PIL was filed seeking issuance of directions to GNCTD to provide arrangements for efficient governance of Delhi by allowing the Chief Minister to interact with the Delhi Assembly and Cabinet Ministers via video conferencing subject to any conditions that may be imposed.

Case Briefs High Courts

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

“The commission formed under Article 340 of the Constitution which was headed by G. Rohini, former Chief Justice of Delhi High Court, to examine the issue of sub-categorization of Other Backward Classes. It proposed a four-category formula for the equitable redistribution of the 27% quota for Other Backward Classes.”

DSK Legal Experts Corner

Balancing Public Interest in Environmental Law Jurisprudence: Can a Draft Notification Issued by the Government of India Deviate From the Final Notification?

by Samit Shukla* and Saakshi Saboo**
Cite as: 2024 SCC OnLine Blog Exp 30

Case Briefs High Courts

No public interest involved in distributorship decision amidst land ownership dispute; Calcutta High Court upholds LPG distributorship grant

Calcutta High Court held that when a decision involves a commercial transaction, it is primarily governed by commercial considerations not any public interest.

Law School News Others

ILS Law College, Pune One Day Seminar on ‘Reforms in Bail Law to Maximize Access to Justice’: 14 October 2023

Concept Note: The Indian Constitution envisages an affirmative use of law for bringing about a profound social transformation. The Constitution contemplates the

Case Briefs High Courts

Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months

This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.

restriction landlords right public interest unreasonable

Cases Reported Never Reported Judgments

Never Reported Judgment| Restrictions imposed on landlord’s rights in public interest are not unreasonable [(1952) 1 SCC 764]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.

Case Briefs Supreme Court

Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict

Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023

Case Briefs High Courts

“No express provision barring transfer in Public Interest”, Calcutta High Court upholds Anganwadi teacher’s transfer on negligence and misconduct

“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”

Case Briefs High Courts

‘Policy framed by the Government is in national interest’; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations

“The policy decision of the Government is aimed to enhance functional autonomy, efficiency and unleash new growth potential and innovation in Ordnance Factories. The re-structuring is aimed at transforming the Ordnance Factories into productive and profitable assets, deepen specialization in product range, enhance competitiveness, improving quality and cost efficiency.”

Case Briefs High Courts

‘Public interest demands easy, affordable access to anti-cancer drug’; Delhi High Court denies interim injunction to Bayer Healthcare for drug ‘Regorafenib’

Bayer healthcare LLC was selling its product of Rs. 36,995 by importing the same into India, whereas the Natco Pharma Ltd. was manufacturing the product in India and selling the same of Rs. 9,900. The injunction was refused due to the huge disparity between the prices offered by both, for a life threatening disease.