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“…the petitioner, instead of availing the statutory remedy available to him, has chosen to file a petition under Article 227 of the Constitution of India.”
Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record
“It has come to the Court’s notice that in many districts, advocates who possess criminal backgrounds and are facing serious criminal charges are occupying positions of authority within the respective District Bar Associations.”
“Their failure to implement the order coupled with their attempt to raise a belated, untenable, and legally unsound plea before this Court without first invoking any statutory remedy exhibits a contumacious disregard for the rule of law.”
In the case at hand, a transfer deed was executed between a senior citizen and his grandchildren, which stated that the transfer was subject to the condition that the transferee would provide the senior citizen with basic amenities.
“Furlough is not a matter of right, rather, it is a discretionary concession that may be granted or denied based on established criteria, circumstances, and the authority’s judgment”.
It is no longer res integra that fiscal health consideration is relevant for a corporation to decide the commencement date of enhanced pensionary benefits.
This Court cannot decide question of inclusion of retired officials of Paramilitary Forces (CRPF, BSF, CISF etc.) in the definition of Ex-Serviceman. It is a policy matter, and the State has to decide the issue.
“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.