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The Court was called upon to decide the recurring questions concerning the interpretation of Sections 466-A, 467 and 471, Delhi Municipal Corporation Act, 1957, particularly regarding the limitation applicable to prosecutions for unauthorised construction under Section 332 of the Act.
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Citing newspaper reports on unresolved boundary disputes over Rupsagar Talab, recurring structural failures in Madar Canal, and unchecked development near Fatehsagar Lake, the Court invoked Article 21’s right to a clean environment and the Public Trust Doctrine to direct that no further encroachment, construction or pollution be permitted in any of Udaipur’s lakes pending a coordinated status report from eleven state authorities.
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The Bombay High Court dismissed a review petition filed by a law student barred from appearing in semester examinations due to less than 75 per cent attendance, holding that the application merely sought to reargue issues already decided and failed to satisfy the requirements for review under Order XLVII CPC.
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The Court noted that the petitioner’s candidature was rejected solely on the ground that she did not submit the hard copy of the application form and accordingly permitted her to provisionally appear in the Mains Examination, subject to further orders to be passed in the present writ petition.
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In writ petitions challenging notices issued under the Disaster Management Act, 2005 restraining landowners from obstructing drainage work, the Court held that the action constituted a statutory flood mitigation measure backed by law and did not amount to deprivation of property under Article 300-A, thereby rejecting the challenge.
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In the present case, the Chhattisgarh High Court examined legality of blacklisting a pharmaceutical company that was unable to fulfil sharply escalated Remdesivir during the second wave of COVID-19, where demand was escalated manifold beyond the indicative tender quantity within a matter of days.
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Can an enhanced compensation award stand despite the exemplar judgments forming its basis being later set aside? The Karnataka High Court addressed this question in a dispute concerning land acquired for the Hassan-Arasikere Railway Project,
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The Court enhanced the compensation for the claimants while deciding the case on motor accident, taking into consideration the prospects and dismissed the issue raised by the United India Insurance Co. Ltd. (the Company) as they failed to prove any fraud on the claimant’s part.
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“The orders cannot be passed under Article 21 of the Constitution of India which guarantees freedom of life to all citizens, but such freedom has to be within the ambit of law.”
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The instant matter revolves around the applicability of Section 3(1), Employees’ Compensation Act, 1923 for claiming the compensation arising out of an accident at the workplace.
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“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”
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“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”
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“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”
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“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”
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The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.
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Delhi High Court held that overnight custody was not warranted where the child had never stayed overnight with the father and required further time to acclimatise, the Court thus modified the Family Court’s order and granted the father extended daytime custody instead.
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Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.
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The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.
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“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”
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Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment
The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.
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